Module 1: Understanding Research

1. What is Research?

Definition and Purpose:

Research, in its simplest form, is a systematic and organized inquiry aimed at discovering new
knowledge, solving problems, or verifying existing theories. In legal research, the purpose extends to
understanding the law, uncovering ambiguities, and proposing reforms to better suit contemporary
societal needs. Research helps in formulating new laws, interpreting legal provisions, and ensuring
that laws are relevant and effective.

Systematic Inquiry:
Research is not a haphazard process; it follows a structured and systematic approach to inquiry. This
structured approach ensures that the results are credible and reliable. For example, a legal
researcher investigating property rights in India would not randomly look at statutes but would
systematically examine legislation such as the Transfer of Property Act, judicial interpretations in
cases like K.S. Puttaswamy v. Union of India, and secondary sources like legal commentaries to form
a comprehensive understanding.

Legal Research Example:

In legal research, a scholar might investigate how the Right to Privacy was established in Indian law.
The researcher would systematically trace the development of privacy rights through case law,
beginning with M.P. Sharma v. Satish Chandra and Kharak Singh v. State of Uttar Pradesh, leading
up to the landmark judgment in Puttaswamy, where privacy was recognized as a fundamental right
under the Constitution. This structured investigation ensures that the research is thorough and
grounded in legal doctrine.

2. Objectives of Research

The objectives of research vary based on the field of study and the type of research being
conducted. In legal research, these objectives may include:

1. Expanding Knowledge:
The primary objective of research is to contribute to the existing body of knowledge. Legal
researchers often explore uncharted areas of law or critically analyze existing legal principles
to offer new perspectives. For example, examining how artificial intelligence (AI) intersects
with privacy laws might reveal gaps in current regulations, prompting suggestions for legal
reform.

2. Solving Problems:
Applied research focuses on resolving specific legal issues or societal problems. For instance,
during the COVID-19 pandemic, many countries had to revise their labor laws to address
issues related to remote work, unemployment benefits, and workplace safety. Researchers
played a critical role in identifying legal gaps and suggesting amendments to labor statutes.

3. Informing Policy:
Research can guide policymakers in formulating laws that address contemporary societal
issues. For example, extensive legal research on the Transgender Persons (Protection of
Rights) Act, 2019 in India could help in recommending further amendments to ensure better
protection of transgender rights, based on comparative studies with laws in countries like
the USA and the UK.

4. Understanding Law in Context:

Legal research often seeks to place laws in their broader societal context. This is crucial
because laws are shaped by, and also shape, social values, economic conditions, and political
ideologies. For example, studying how India's Forest Rights Act, 2006 impacts indigenous
communities not only helps in understanding the legal framework but also sheds light on its
socio-economic consequences.

3. Significance of Research

Research is critical in ensuring that laws are relevant, effective, and capable of addressing
contemporary challenges. Its significance in the legal domain can be categorized as follows:

1. Understanding and Applying the Law:

Legal research helps practitioners and scholars understand complex legal provisions and
apply them accurately. For instance, while analyzing the Goods and Services Tax (GST) in
India, researchers might delve into tax statutes, analyze judicial interpretations, and
compare tax frameworks in different states to provide a coherent analysis of how the GST
regime affects businesses.

2. Filling Gaps in the Law:

Research plays a vital role in identifying gaps and ambiguities in existing legal frameworks.
For example, many areas of cyber law, such as data privacy, are still underdeveloped in
India. Researchers can highlight these gaps, such as the lack of a comprehensive data
protection law (currently under review through the Personal Data Protection Bill), and
suggest legislative reforms.

3. Influencing Law Reform:

Legal research can drive legislative reforms. For example, the Indian Juvenile Justice (Care
and Protection of Children) Act, 2015 was amended in part due to extensive research and
recommendations by legal scholars and NGOs, following the infamous 2012 Delhi gang rape
case, which involved a minor perpetrator.

4. Judicial Decision-Making:
Legal research informs judicial decisions by providing judges with a comprehensive
understanding of legal principles and how they have been applied in different contexts. For
example, the Supreme Court of India often relies on comparative legal research when
making decisions related to human rights, by looking at how similar cases were decided in
jurisdictions like the UK or the USA.

5. Impact on Socio-Economic Development:

Research in law is also pivotal in socio-economic transformation. Laws related to labor, land
rights, and taxation are essential tools for ensuring economic development and social
justice. Legal research into the impact of the Insolvency and Bankruptcy Code, 2016 on
India's corporate environment has shown how effective legislative frameworks can promote
economic growth.
4. Methods vs. Methodology

Research Methods:
Research methods refer to the specific tools, techniques, and processes that are employed to collect
and analyze data. These include surveys, case studies, interviews, and document analysis. For
example, in legal research, one method might be analyzing judicial decisions to understand trends in
the interpretation of a particular law, such as examining cases where courts have ruled on the
prevention of money laundering.

Research Methodology:
Research methodology refers to the overarching approach that a researcher adopts, encompassing
the theoretical framework, reasoning, and rationale behind selecting specific methods. It involves
choosing the appropriate method based on the research question, ensuring that the approach is
scientifically sound and valid.

Example:
In the study of environmental law, a researcher may adopt a comparative legal methodology to
analyze how different countries regulate greenhouse gas emissions. They might compare the Kyoto
Protocol and Paris Agreement frameworks, using methods such as document analysis and case
studies of national environmental laws, to determine best practices.

5. Types of Research

Basic Research vs. Applied Research:

 Basic Research:
Basic or fundamental research is theoretical and aims to expand general knowledge without
any immediate practical application. In the legal field, basic research could involve studying
the philosophical underpinnings of constitutional rights, such as natural law theory or legal
positivism.

Example:
A study exploring the origins of fundamental rights under the Indian Constitution and how these
rights have evolved could be classified as basic research. This research might not have direct
practical applications, but it expands the understanding of constitutional principles.

 Applied Research:
Applied research, on the other hand, focuses on solving practical problems. Legal applied
research might analyze how existing laws affect the enforcement of policies, such as
researching the impact of labor laws on the gig economy workers in India (e.g., food delivery
personnel, ride-share drivers).

Example:
A study on the enforcement of the Consumer Protection Act, 2019, aimed at identifying its impact
on consumer rights in the e-commerce industry, would be applied research. This could offer specific
recommendations for improving consumer protection in online transactions.

Quantitative vs. Qualitative Research:

 Quantitative Research:
This involves the measurement of variables through numerical data. It is often used to
identify patterns, correlations, or causal relationships. For example, quantitative research
might be used to determine how often the Right to Information Act, 2005 has been invoked
in India by analyzing the number of requests filed and the outcomes.

Example:
A study examining the statistical data of corporate mergers and acquisitions post the enactment of
the Companies Act, 2013 could provide insights into the act’s influence on business practices.

 Qualitative Research:
Qualitative research deals with the analysis of non-numerical data, such as interviews,
observations, and case studies. It focuses on understanding the “why” and “how” behind
certain legal phenomena. For instance, a qualitative study could involve interviews with legal
professionals to explore their perceptions of judicial activism in India.

Example:
An interview-based study exploring lawyers' perspectives on the use of public interest litigation (PIL)
in environmental cases, like the Ganga River Pollution Case, could yield qualitative insights into the
strategic use of PILs in advancing environmental protection.

Descriptive vs. Analytical Research:

 Descriptive Research:
Descriptive research seeks to describe a situation or phenomenon as it exists, without
investigating the causes. For instance, a descriptive study might involve detailing the
provisions of the Indian Penal Code related to cybercrime without exploring why these
provisions were introduced or how they have been interpreted by courts.

Example:
A report describing the evolution of Indian bankruptcy laws without critically analyzing their impact
would be descriptive research.

 Analytical Research:
Analytical research, by contrast, involves evaluating and interpreting existing data to
understand relationships, causes, and implications. A study that analyzes case law to
evaluate how courts interpret the Fundamental Right to Equality under Article 14 of the
Indian Constitution would be analytical research.

Example:
An analysis of judicial pronouncements in the context of sexual harassment at the workplace and
how they align with or diverge from the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013 would be an example of analytical research.

Conceptual vs. Empirical Research:

 Conceptual Research:
This type of research is more abstract and is based on theoretical ideas or concepts. It is
commonly used in philosophy or legal theory. For instance, research on the concept of
justice as theorized by John Rawls in his book A Theory of Justice would be conceptual.
Example:
A study exploring the theoretical foundations of constitutional supremacy versus parliamentary
sovereignty could be classified as conceptual research.

 Empirical Research:
Empirical research is based on observed and measured phenomena. It relies on data
collection through experiments, surveys, or observations. For example, a researcher
studying the effectiveness of anti-dowry laws in India might collect data on reported dowry
cases, convictions, and acquittals.

Example:
A field study that examines the actual application of the Domestic Violence Act, 2005 by surveying
victims, police officers, and legal professionals to understand the challenges in its enforcement
would be empirical research.

6. Legal Research – Distinguishing Parameters

Legal research is distinct from other forms of research because it focuses specifically on the law as a
social institution and the principles that underlie it. The distinguishing parameters of legal research
include:

 Focus on Legal Sources:

Legal research relies heavily on primary sources like statutes, case law, and legal regulations.
For example, when researching the Hindu Succession Act, 1956, a researcher must explore
amendments to the act, key case laws such as Vineeta Sharma v. Rakesh Sharma (2020),
and secondary sources like commentaries.

 Emphasis on Interpretation:
Legal research often involves interpreting legal texts to understand their meaning and
implications. For example, a researcher might examine how the Supreme Court of India has
interpreted Article 21 (the Right to Life) over the years, starting from Maneka Gandhi v.
Union of India (1978) to Shakti Vahini v. Union of India (2018), which deals with honor
killings.

 Application of Legal Doctrines:

Legal research analyzes the application of doctrines such as stare decisis (the doctrine of
precedent), mens rea (the mental element of a crime), and jus cogens (peremptory norms in
international law).

7. Qualities of a Good Researcher

For legal research to be effective and meaningful, the researcher must possess certain qualities:

1. Curiosity:
A researcher must have a keen interest in exploring the unknown. For instance, a researcher
might be driven by curiosity to investigate why there is a low conviction rate under the
Prevention of Corruption Act, 1988.

2. Objectivity:
Legal researchers must maintain objectivity and refrain from personal biases. For example,
when studying the Citizenship Amendment Act, 2019, a researcher should objectively
examine its legal provisions, judicial interpretations, and its compliance with the Indian
Constitution, rather than being influenced by political opinions.

3. Systematic Approach:
A structured approach ensures that the research follows a logical progression. For instance,
if a researcher is investigating corporate governance laws, they would first review relevant
legislation, then examine judicial interpretations, and finally analyze scholarly commentary
on the subject.

4. Analytical Skills:
Legal research often involves critical analysis. A researcher might analyze conflicting
judgments in the interpretation of the Indian Contract Act, 1872, to understand how courts
have dealt with issues like breach of contract.

5. Attention to Detail:
Legal research requires meticulous attention to legal texts, statutes, and case law. Missing a
single word in a legal provision can change the interpretation completely. For example, the
interpretation of the word “includes” versus “means” in a statute can drastically alter its
scope.

6. Persistence:
Research is often a long and difficult process. Legal researchers must be persistent,
especially when dealing with vast amounts of case law or legal documents. For example, in
public international law, researching the application of the United Nations Convention on
the Law of the Sea (UNCLOS) across various international disputes could require extensive
analysis of cases from international courts and tribunals.

Conclusion

In Module 1: Understanding Research, we explored the fundamental aspects of legal research,

including its definition, objectives, types, and the distinguishing parameters that set it apart from
other forms of research. We also examined the qualities that a good legal researcher must possess.
A deep understanding of these foundational elements is crucial for anyone embarking on a legal
research project, as it ensures a systematic, objective, and comprehensive approach to investigating
legal problems and contributing to the advancement of legal knowledge. Through rigorous research,
legal scholars and practitioners can drive law reform, influence judicial decision-making, and ensure
that the legal system evolves in response to societal needs.