Index

Sr Topics Pag
No. e
No.
I Introduction
 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.

- Hawaiian story of Kalpana

Research is per se is a technique for the discovery of truth. According to

encyclopedia Britannica research is the act of searching into a matter closely and

carefully, inquiry directed to the discovery of truth and in any subjects, based on

original and first hand study of authorities or experiments, investigations of every

kind which have been based on original sources of knowledge, may be styled

research and it may be said that without research no authorative work has been

written, no scientific discoveries or inventions made, no theories of any value

propounded.

The concept of research can be well understood with the help of definition by

eminent lawyers.

According to Slazenger and Stepenson, Research is the manipulation of things,

concepts or symbols for the purpose of generalizing to extend, correct or verify

knowledge, whether the knowledge aid in construction of theory or the practice of

an art.
According to Manheim, Research is the careful diligent, and exhaustive

investigation of a specific subject-matter, which has as its aim the advancement

of mankinds knowledge.

John W. Best has rightly said The secret of our cultural development has been

research, pushing back the areas of ignorance by discovering new truth, which in

turn, leads to better ways of doing things and better products.

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

techniques help in making the best suited use of research sources2.Research
Methodology
Research Methodology is a way to systematically solve the research problem. It is

a science of studying how research is done scientifically.

Dickinson Mc Graw and George Watson define methodology as the procedure

by which researchers go about their working of describing, explaining and

predicting phenomena.

Kalpan defines methodology as a study-description, the explanation and the

justification of methods and the methods themselves.

Research methodology may be a standard, process or way of doing research. In its

wider sense methodology includes philosophy, investigation, description or

scientific approach. Subject matter of law is different from other principles and

requires its own research methodology. Even different laws require different

methodologies. Nature of international law and municipal law are radically

different therefore interpretations or explanations are also different. Hence

separate or special methodology is needed. The ideologies of legal studies

involves their own rules, interpretation and ideas for admissible explanations

as well as research designs, data-collecting techniques and data-processing

routines. Legal studies lack the appropriate methods, tools and techniques

suitable for the legal issues. In most of the legal investigations, qualitative data

has to be analyzed. Hence separate study of legal methodology is taken up.

 Legal Research and Research Design

Legal research is the process of identifying and retrieving information necessary

to support legal decision making. In its broadest sense, legal research includes

each step of course of action that begins with an analysis of the facts of a problem

and concludes with the application and conclusion of the results of the

investigation. The nature of the legal issues and the subject matter of the law is

different from other scientific research.

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 OR GOOD RESEARCH DESIGN

According to Ackoff, The idealized research design is concerned with specifying

the optimum research procedure that could be followed where there are no

practical restrictions.

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

 Significance and Importance of Research
Design

Significance of Research Design

Research design offers the investigator an opportunity to carry out different

research operations efficiently. This makes research as valuable as possible

producing maximum information with minimum effort, time and money.

Researcher needs to consider all necessary precautions when preparing the design,

as any error may upset the whole project. The reliability of result, which a

researcher is looking, is proportional with design that constitutes a firm foundation

of entire body of research work.

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.

It is like a blueprint which we require ahead of time to plan the methods to be

used for collecting the relevant data and techniques to be used in its analysis for
preparation of research project.

Importance of Research Design

A research design basically means the plan or technique of shaping the research,

or as Hakim (1987) puts it design deals mainly with aim, purposes, motives and

plans within the practical constraints of location, time, money and availability of

staff. The possibilities of success of a research study are significantly improved

when the beginning is properly defined as a precise statement of goals and

justification.

Research design carries an important influence on the reliability of the results

attained. It therefore provides a solid base for the whole research. It is needed due

to the fact that it allows for the smooth working of the many research operations.

This makes the research as effective as possible by providing maximum

information with minimum spending of effort, money and time. For building of a

car, we must have a suitable blueprint made by an expert designer. In a similar

fashion, we require a suitable design or plan just before data collection and

analysis of the research project.

Planning of design must be carried out cautiously as even a small mistake might

mess up the purpose of the entire project. The design helps the investigator to

organize his ideas, which helps to recognize and fix his faults, if any.

The importance of research design in research methodology is due to the

following:

1) It may result in the preferred kind of study with helpful conclusion.

2) It cuts down on inaccuracy.
3) Allows you get optimum efficiency and reliability.
4) Reduce wastage of time.
5) Reduce uncertainty, confusion and practical haphazard related to any
research problem.
6) Of great help for collection of research material and testing of hypothesis.
7) It is a guide for giving research the right path.
 8) Gets rid of bias and marginal errors.
9) Provides an idea concerning the type of resources needed in terms of
money, effort, time, and manpower.
10) Smooth & efficient sailing (sets boundaries & helps prevent blind search)
11) Maximizes reliability of results.
12) Provides firm foundation to the endeavor.
13) Averts misleading conclusions & thoughtless useless exercise.
14) Provides opportunity to anticipate flaws & inadequacies (anticipates
problems).
15) Incorporates by learning from other peoples critical comments &
evaluations.

Efficient research is dependent first upon the considerate statements of purpose

and objectives, and associated research questions. These essential preliminary

steps in turn drive important choices regarding study type, plans for analyses and

competent implementation within bounded timeframes and budgets. The research

endeavor materializes by picking suitable study types according to coherent

research questions, appropriate data collection, and eventually concludes by

drawing inferences based on correctly planned analyses.

Major steps involved in preparation of Research Design are : -

1. Formulation of the Research problem.

2. Devising tools and techniques for collection of data: Methodology.
a. Methods for the collection of statutory and case materials and juristic
literature.
b. Use of historical and comparative research materials.
c. Use of observation studies.
d. Use of questionnaires/interviews.
e. Use of case studies.
f. Sampling Procedures design of sample, types of sample to be adopted.
g. Use of scaling techniques.
h. Jurimetrics.
3. Computerized Research A study of legal research such as Lexis and West
law coding.
4. Classification and tabulation of data use of data collection Rules for
tabulation. Explain of tabulated data.
5. Analysis of data.
 Formulation of Research Problem.
Formulating the research problem and hypothesis acts as a major step or phase in

the research methodology. In research, the foremost step that comes into play is

that of defining the research problem and it becomes almost a necessity to have

the basic knowledge and understanding of most of its elements as this would help

a lot in making a correct decision. The research problem can be said to be

complete only if it is able to specify about the unit of analysis, time and space

boundaries, features that are under study, specific environmental conditions that

are present in addition to prerequisite of the research process.

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.

The research process consists of the following stages

1. The Primary stage: This stage includes

a. Observation The first step in the research process is that of the observation,
research work starts with the observation which can be either unaided visual
observation or guided and controlled observation. It can be said that an
observation leads to research, the results obtained from research result in final
observations which can play a crucial part in carrying out further research.
Deliberate and guided observations also play an important part in this primary
stage. This method is very simple and helps a great deal in framing of the
hypothesis as it is very accurate in nature but it also has some major
limitations like some of the occurrences may not be open to the observation
and the occurrences which may be open for observation may not be studied
conveniently.
b. Interest As studied in the above paragraph, research starts with the
observation and it leads to a curiosity to learn and gain more and more about
what has been observed. Hence it can be said that observation results in the
creation of an interest in the mind of the researcher. The interest can be either
academic in nature or it may be a policy making interest. It may be a self
interest or a group interest. Group interest is also referred to as the social
interest.

c. Crystallization It can be defined as the process involving the designing of the

definite form of research to be used in the study of the subject matter that has
been observed. During this stage, the research project gets a concrete shape
and structure.

d. Formulating a research problem A research problem can belong to one of the

following two categories it can belong to the category in which there can be
relationships between various variables or it may belong to the other category,
which is based on nature. In the beginning, it is important for a researcher to
find out the general interest or the subject matter, which he wants to study. By
this the researcher will be able to state a problem more broadly and also in a
much generalized form then the ambiguities linked to the problem can be
referred and understood. This really supports in the formulation of a problem
of a research. Although this process is not that simple and requires many
fruitful discussions in order to achieve a proper conclusion or a decision.

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
means than or less certain than a thesis. It is the presumptive statement of a

preposition or a reasonable guess, based upon the available evidence, which the

researcher seeks to prove through his study. The hypothesis is precisely designed

as a tentative or a working proposition suggested as a solution to a problem, and

the theory as the final hypothesis which is defensibly supported by the evidence.8

The hypothesis is a powerful tool in research process to achieve dependable

knowledge. It helps the researcher to relate theory to observation and observation

to theory. Hypothesis are formulated only as suggested solution to the problem

with the objective that the ensuring studies may lead either to its rejection or its

retention.

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.

 DEVISING TOOLS AND TECHNIQUES FOR
COLLECTION OF DATA.
After formulating the research problem and preparing a blue print of the research,

the researcher has to take a decision about the technique(s) to be employed to

collect the information. He has to, from a wide range of methods of data

collection, ranging from interviews to observations to document analysis, opt for

the most appropriate method(s). It is very crucial decision having far-reaching

consequences on the outcome of research. The research method(s) will

ultimately determine the quality and propriety of the data and in turn, of the

consequential results. While selecting method(s) of data collection, the

researcher has to take into account the objectives of his research and the nature

and scope the inquiry. Data can be primary or secondary. Data collected by the

researcher, by using primary sources, is primary. The data already collected by

some other agency and available in some published form is secondary. In either

case, the researcher has to select an appropriate method.

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. Doctrinal Research or Historical Research

A doctrinal research means a research that has been carried out on a legal
preposition or prepositions by way of analyzing 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 systemizing legal prepositions and study of legal institutions through
legal reasoning or rational deduction. The doctrine of legal research
attempts to verify the hypothesis by a firsthand study of authoritative
sources. Doctrinal research asks what the law is on a particular case. It is
concerned with analysis of the legal doctrine and how it has been
developed and applied. It is also known as pure theoretical research.
 Ordinarily conventional legal resources are used in doctrinal research. The
primary sources includes Statutes or enactments but also reports of
committees, legal history, judgment etc. Acts passed by Judgments f
Supreme Court and high courts also come under abovementioned sources.
Text books, periodicals, commentaries also come under sources of
doctrinal research but they are not as authentic as original sources like
enactment and case published by authorized publisher.

Essential characteristics of Doctrinal Research:

1. This type of research involves analysis of legal preposition or legal
concept.
2. Legal prepositions from enactments, administrative rules or regulations,
cases of courts can be a part of doctrinal research.
3. Conventional sources of data are used.

Doctrinal research looks at the following issue.

1. The aim of preferred values.
2. The problems posed by the gap between the policy goal and the present
state of achievement.
3. Availability of attentive choice for the implementation of goals.
4. The predictions and consequences that were made.3

ii. Non-Doctrinal Research or Empirical Research.

Non-Doctrinal research is fact oriented. Legal researcher undertaking non-
doctrinal research takes either some aspect of the legal decision or the
people and institution supposed by regulated law.4 Non-doctrinal research
is also called as fact research. Arthur Nussaban observed, By fact
research in law, we mean the systematic search into the social, political
and the other fact conditions will give rise to individual rules and
examination of the social, political and other effects of these rules. The
methods like observation, interview, questionnaire, survey and case study
are used to discover the human conduct.
Non-Doctrinal research is mainly an affecting analysis research. It is much
broader than doctrinal research. This kind of research or study involves
field work or firsthand study by a scholar because necessary data is not
ordinarily available in conventional legal sources.

Essential of Non-Doctrinal Research:

1. This type of research is conducted to assess the impact of non-legal event
on legal provisions or law making process.
2. Variable which influences the legal process play an important role.
3. Consequences of any law or principle of law on the society can be traced.
4. Co-relation between law and non legal fact is the outcome of this research.
 USE OF CASE LAWS
Case-Law consists of rules and principles stated and acted upon by the Judges in

giving decisions. That is the decision in a particular case constitutes Precedent.

According to the Doctrine of Precedent it is not everything said by a Judge,

when giving judgment that constitutes precedent. But only the reason of the

decision given in the judgment constitutes precedent. So the reason stated in the

judgment of an appeal case becomes a necessary subject matter of inquiry and

analysis by a lawyer. This requires identification of the most important parts of the

judgment. They are:

i. 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.
ii. 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.
iii. A statement of narrow legal question or issue(s) that the appellate court
was asked to resolve.
iv. A brief statement of the Appellate Courts decision, both procedural and
substantive.
v. 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.

The courts concern with social justice is depicted forcefully in following

observations of Bhagwati, J., in Kanwarlal v. Amarnath45

This produces anti-democratic effects in that a political party or individual backed

by the affluent and wealthy would be able to secure a greater representation than a

political party in or individual who is without any links with affluence or wealth.

This would result in serious discrimination between one political party or

individual and another on the basis of money power, and that in its turn would

mean that some voters are denied an 'equal' voice and some candidates are denied

an equal Chance. The democratic process can function efficiently and

effectively for the benefit of the common good and reach out of the benefits of

self government to the common man only if it brings about a participatory

democracy in which every an, however lowly or humble he may be, should be

able to participate on a footing of equality with others. Individuals with

grievances, men and women with ideas and vision are the sources of any societys

power to improve itself.

 INTERVIEW, QUESTIONNAIRE AND
OBSERVATION METHOD
Analysis based on social science research methods has revolutionized the legal

system. The effective and efficient administration of justice will require a

penetrating study of social phenomenon using research tools and techniques. The

heart of any research is collections of data. There are two sources of collecting

data- the primary and the secondary. In the first, the data is directly collected from

the respondent, whereas in the second the main source is published and

unpublished material. This is often called library research as well. Several devices

are also employed to collect primary data. We will discuss three

important basic tools and techniques: Interview, Questionnaire and Observation.

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.

Lack of awareness of their own behavior

Lack of an accurate memory of what they did
Deliberate lies to make them appear better than they are
Desire to tell the researcher what they think the researcher wants to hear
Observation can be used where it is not possible to collect data using
interviews or
questionnaires, such as when the study participants are animals, babies,
young
children, persons who do not share a common language, or persons with
some
forms of disability.

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

Ethical issues may arise, e.g. lack of informed consent.

 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 non-

probability 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
 a) Random Sampling - a group drawn from the population, with every
member of the population having an equal chance of being selected.
This is the most common and highly recommended technique.

b) Stratified Sampling - a group selected from a population that reflects

accurately certain segments of a population. In this type of sample,
certain segments or traits are identified as important to the research and
the sample selected is controlled to insure that those traits are
accurately represented.

c) Cluster Sampling - is used when certain groupings important to the

research are already established. This is frequently the case when
studying teaching techniques in classroom settings. Rather than the
sample of students being taught, the classes of students need to
represent the larger population.

2. Non-probability Sampling - any sampling procedure that cannot specify the

probability that each member of a population has of being selected. Non-
probability sampling is used when probability sampling is not feasible. Non-
probability sampling techniques include:
a) Convenience Sampling - a group of participants in a study are selected that
happen to be available. In educational research, convenient sampling is
used frequently by teachers who use their own classes for their research.
Findings from such research generally are limited to the population studied
and not extended to larger populations.

3. Judgmental Sampling - a researcher uses his or her judgment to select a

population that reflects an important aspect of the research. Judgmental
sampling is generally more appropriate for qualitative research than
quantitative research.

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).
 CLASSIFICATION AND TABULATION OF
DATA
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

making contemplated comparisons and analysis. Technically speaking, processing

implies editing, coding, classification and tabulation of collected data so that they

are amenable to analysis. The term analysis refers to the computation of certain

measures along with searching for patterns of relationship that exist among data-

groups. Thus, in the process of analysis, relationships or differences supporting

or conflicting with original or new hypotheses should be subjected to statistical

tests of significance to determine with what validity data can be said to indicate

any conclusions.

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
 only one concept.
Coding is necessary for efficient analysis and through it the several replies
may be reduced to a small number of classes which contain the critical
information required for analysis. Coding decisions should usually be taken at
the designing stage of the questionnaire. This makes it possible to precode the
questionnaire choices and which in turn is helpful for computer tabulation as
one can straight forward key punch from the original questionnaires. But in
case of hand coding some standard method may be used. One such standard
method is to code in the margin with a colored pencil. The other method can
be to transcribe the data from the questionnaire to a coding sheet. Whatever
method is adopted, one should see that coding errors are altogether eliminated
or reduced to the minimum level.

3. Classification: Most research studies result in a large volume of raw data

which must be reduced into homogeneous groups if we are to get meaningful
relationships. This fact necessitates classification of data which happens to be
the process of arranging data in groups or classes on the basis of common
characteristics. Data having a common characteristic are placed in one class
and in this way the entire data get divided into a number of groups or classes.

4. Tabulation: When a mass of data has been assembled, it becomes necessary for
the researcher to arrange the same in some kind of concise and logical order.
This procedure is referred to as tabulation. Thus, tabulation is the process of
summarizing raw data and displaying the same in compact form (i.e., in the
form of statistical tables) for further analysis. In a broader sense, tabulation is
an orderly arrangement of data in columns and rows. Tabulation is essential
because of the following reasons.

a. It conserves space and reduces explanatory and descriptive statement to a

minimum.

b. It facilitates the process of comparison.

c. It facilitates the summation of items and the detection of errors and omissions.

d. It provides a basis for various statistical computations.

Generally accepted principles of tabulation: Such principles of tabulation,

particularly of constructing statistical tables, can be briefly states as follows:*

1. Every table should have a clear, concise and adequate title so as to make the
table intelligible without reference to the text and this title should always be
placed just above the body of the table.

2. Every table should be given a distinct number to facilitate easy reference.

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 AND INTERPRETATION OF DATA

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

making contemplated comparisons and analysis.

The analysis of data requires a number of closely related operations such as

establishment of categories, the application of these categories to raw data through

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

of at this juncture. A great deal of data, especially in large inquiries, is tabulated by

computers. Computers not only save time but also make it possible to study a large

number of variables affecting a problem simultaneously.

Analysis work after tabulation is generally based on the computation of various

percentages, coefficients, etc., by applying various well defined methods or

techniques. Supporting or conflicting with original new hypotheses should be

subjected to tests of significance to determine with what validity data can be said to

indicate any conclusion (s).

Interpretation of data

Interpretation is considered as one of the basic components of research. It refers to the

task of drawing inference from the collected data. The inference may be deductive or

inductive. The former involves inferences from generally abstracts propositions to

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

proper interpretation of the collected facts.

One should, however, remember that even if data are properly collected and analyzed,

wrong interpretation would lead to inaccurate and misleading conclusions. Interpretation,

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

skill. It is an art that one learns through practice and experience.

 SUMMARY AND SUGGESTIONS
Research design consists of the following steps:

1. Primary Stage:

a. Primary Synopsis Before starting with the actual study work, it is very
necessary for a researcher to prepare a summary or a plan about the activities
he has to perform in connection with research operation. This will help him a
lot to get a definite idea or an understanding of what would be written in the
final report.

b. Conceptual Clarity It is very much important for a researcher to have in depth

knowledge and understanding of the subject or the topic he has to study as it
helps a lot in achieving ones goal and objectives in a much easier and also a
comparatively much simpler way.

c. Documentation The documents help in providing important information to a

researcher, document is something in writing it can be a record, files or diaries
etc. may be published or unpublished in nature. Documents can be extracted
and can be used in the research work.

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.
d. Classification and tabulation Classification can be defined as the arrangement
of the data into groups and classes depending on the resemblance and the
similarities. By classification, the data can be condensed in a very elegant way
by which the various important features can be easily noticed i.e. one can
easily highlight the various salient features of the data at a glance. Tabulation
of the data can be defined as the orderly arrangement of the data in columns
and the rows this step also helps a great deal in the condensation of the data
and also in the analysation of the relations, trends etc.

e. Data Analysis In this step, the collected data is arranged according to some
pattern or a particular format and this analysation of the data is done mainly to
provide the data with a meaning. It is actually the computing of the some of
the measures supported by the search for the relationship patterns, existing
among the group of the data.

f. Testing of a hypothesis: This step of testing acts as the back bone of the data
analysis. Various tests like t test, z test. Chi square test are used by the
statisticians for the testing of the hypothesis.

g. Interpretation of results: It is very important that the results are interpreted

into action recommendations and the results should be able to refer to a
decision i.e. should help in drawing a conclusion.

3. Final Stage: This stage involves

a. Conclusions and recommendations This act as the crux of the research project
work. Recommendations are based on the conclusions obtained and further
these conclusions are based on the interpretation of the results of data analysis.
But a major point to be kept in mind here is that all these conclusions and the
recommendations should be linked to the research hypothesis stated.

b. Report Writing For the researcher as well as the reader, report writing is very
crucial as it acts as the best way for communication between the two. Report
written must be very simple in nature with easy language, high clarity. Report
writing cannot be done by everyone and requires an especial skilled person for
this purpose.
 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.

Research design is not related to any particular method of collecting

data or any particular type of data. Any research design can, in principle,

use any type of data collection method and can use either quantitative or

qualitative data. Research design refers to the structure of an enquiry: it is

a logical matter rather than a logistical one.

Design is a logical task undertaken to ensure that the evidence collected

enables us to answer questions or to test theories as unambiguously as

possible. When designing research it is essential that we identify the type

of evidence required to answer the research question in a convincing

way. This means that we must not simply collect evidence that is consistent

with a particular theory or explanation. It needs to be structured in such a way

that the evidence also bears on alternative rival explanations and enables

us to identify which of the competing explanations is most compelling

empirically. It also means that we must not simply look for evidence that

supports our favorite theory: we should also look for evidence that has
the potential to disprove our preferred explanations.
 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
1) www.indiakanoon.org
2) www.lawteacher.net
3) www.lawyersclub.com
4) www.ebc-india.com
5) www.manupatra.co.in
6) legalresearchprinciples.pbworks.com
7) sociolegaldcu.wordpress.com