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LEGAL RESEARCH METHODOLOGY
LEGAL RESEARCH METHODOLOGY
Dr. Ashish Kumar Srivastava
Assistant Professor,
Faculty of Law, University of Lucknow
iv
© Dr. Ashish Kumar Srivastava 2024
All rights reserved. No part of this book may be reproduced, stored in
an information retrievalsystem or transcribed in any form or by any
means – electronic, digital, mechanical, photocopying, recording or
otherwise – without the express written permission of the publisher
and the holder of copyright. Although every care has been taken in
publishing the book, the author, publisher, and printer shall not be
responsible for any loss or damage caused to any person on account
of errors or omissions which might have crept in. The publisher shall
be obliged if mistakes are brought to their notice for carrying out
corrections in the next edition. Submit all inquiries and requests to the
publisher: SATYAM LAW INTERNATIONAL, NEW DELHI, INDIA.
ISBN: XXXXX
Published by : Satyam Law International, 2/13, Ansari Road, Daryaganj,
New Delhi-110002, INDIA
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Printed in India
9788119119585
v
AUTHORS
ABHIJIT B
Abhijit B. graduated from National University of Advanced
Legal Studies (NUALS), Kochi and completed his Masters in
Constitutional and Administrative Law from Gujarat National Law
University (GNLU), Gandhinagar. He worked as a Corporate Lawyer
in Bengaluru. He has been a faculty at Presidency University,
Bengaluru, and Ramaiah College of Law, Bengaluru. He is presently
working as an Assistant Professor of Law at the School of Law,
UPES Dehradun. He is also pursuing his PhD on Armative Action
from NLSIU, Bengaluru. Email:abhijit.bnair@gmail.com
AMITESH DESHMUKH
Amitesh Deshmukh completed his B.A., LL.B. (Hons.) and
LL.M. from Hidayatullah National Law University focusing on
constitutional, criminal and corporate laws. While pursuing his
masters in corporate laws, he qualied for JRF award and Assistant
Professor by securing 100 percentiles in the UGC-NET in December
2018. Having a keen interest in business laws, he has done several
courses in Competition Laws and Intellectual Property Rights, and is
currently pursuing his PhD in Comparative Arbitration Law.Prior to
joining HNLU as a faculty, he has worked as Assistant Professor at
NLU, Jodhpur and Amity University, Chhattisgarh. Email: amitesh.
deshmukh@hnlu.ac.in
ANEESHA JOHNY
Aneesha Johny, is a Senior Research Fellow at the National Law
School of Indian University, Bangalore. Her thesis focusses on
comparative regional analysis of the responses of South Asian and
European countries towards Rohingya and Syrian refugees in the
context of the principle of non-Refoulment. The epistemic study
compares and contrast the approaches of developed nations in the
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Legal Research Methodology
Global North and the developing nations in the Global South, in
balancing refugee-state interest dichotomy. During her stint as a
Ph.D. Scholar, she worked with Prof. (Dr.) V. Vijayakumar, former
UNHCR chair professor in teaching international humanitarian law.
As part of her research, she has conducted eldwork at Rohingya
refugee camp in Tamil Nadu, India, which was later developed into
a book chapter in the book Emerging Dimensions of Human Rights
in the Contemporary Era: National & International Perspectives. In
pursuit of her interest in comparative regional research, she is also
part of the IMISCOE PhD network as a Blog Group member. Before
joining for PhD she worked as a legal researcher at the Juvenile
Justice Team of Centre for Child and the Law at NLSIU. While
pursuing her Masters she was associated with Access to Justice Team
of Commonwealth Human Rights Initiative as an Intern. Soon after
Bachelors in Law she did judicial clerkship with Justice R.M. Lodha,
while he was a Judge of the Supreme Court of India. Her key interest
areas include child rights, refugee law, comparative law and judicial
process. Email:aneeshajohny@alumni.nls.ac.in
ANUSHKA DAKSH
Ms. Anushka Daksh is a third year B.Com LL.B. undergraduate at
University Institute of Legal Studies, Chandigarh University. She
has participated in numerous Moot Court Competitions. She also
has articles published in International Conference on Environmental
Diversity and also Environment Jurisprudence: National and
International Perspective. Her Contact no.: 7818806665&E-mail:
123anushkadaksh@gmail.com
ARJITA VERMA
Arjita Verma, is an Assistant Professor, Faculty of Law, Shri
Jai Narayan PG College, Lucknow.She did LL.B. (Hons.) from
University of Lucknow and LL.M. from Banaras Hindu University.
She is pursuing Ph.D. from the Faculty of Law, University of
Lucknow. Email: arjita999@gmail.com
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An Introduction to Legal Research Methodology
DR. BALWINDER SINGH
Dr. Balwinder Singh has more than 10 years of teaching and research
experience. He is an Associate Professor, at School of Law, UPES
Dehradun. He is avid writer having a keen interest in contemporary
issues and often publishes papers (Scopus and UGC care), blogs, book
reviews and case comments. He has been associated with few NGOs
that work for the welfare of women and children. His seminal work
has been published in the form of books on - Expanding Horizons
of Article 21 of Indian Constitution: A Critique, Interface between
Science, Technology and Human Rights, Changing Dimensions and
Viability of the Institution of Hindu Joint Family. He has chaired
many technical sessions, being a resource person in various national,
international conferences, workshops and training programs. Email:
balwinderslathia@gmail.com
DR. BISWANATH GUPTA
Dr. Biswanath Gupta is currently working as an Associate
Professor of law at Jindal Global Law School. He earned his
Ph.D. from IIT Kharagpur in 2017. He mostly writes and teaches
international law.
DEEPAYAN MALAVIYA
Deepayan Malaiya is an alumnus of Faculty of Law, University of
Lucknow. He has completed his Masters in Law from Tata Institute
of Social Science, Mumbai. Currently he is serving as Lecturer in
Jindal Global University, Sonipat. During his graduation in law,
he represented University of Lucknow on various national and
international platforms in Moot Courts, Conferences, and Seminars
and brought laurels as the Runner-Up in the prestigious K. K. Luthra
International Moot Court Competition organized by CLC, University
of Delhi. He also served as the Co-Convener of the Moot Court
Committee of the University of Lucknow. He has presented and
published various research papers in various International Seminars
and Conferences. He has several publications on wide ranging legal
issues in both SCOPUS and UGC CARE journals.
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Legal Research Methodology
DEEPU KUMAR
Deepu Kumar is an advocate and a penultimate student of LLM from
the esteemed Faculty of Law at the University of Delhi. Prior to his
LLM, he successfully obtained his LLB degree from the renowned
Law Centre-II, Faculty of Law at the same university. He did his
BA Program in history and political science during his undergraduate
studies at Sri Aurobindo College, University of Delhi.
GARIMA JARGAR
Garima Jargar is an incoming student of LLM (Criminal and Security
Law) from the Institute of Law, Nirma University, Ahmedabad.
Before this, she completed her graduation from MNLU Nagpur.
The author has researched various facets of law and has publications
in National as well as International journals. As a law ocial, one
should know the importance of researching and the intensive form
of analyzing, observing, and procuring a maximum amount of
knowledge. With a prime interest and aiming for a career in Dispute
Resolution, corporate governance, or as an academician, the author
has gained knowledge and experience by working in several sectors
within the eld of legal department. Email:ggarimajargar@gmail.
com
KANU PIRYA
Kanu Priya, is an Assistant Manager at NABARD. She did graduation
in Economics (Hons.)from the Hindu College, Delhi and then pursued
masters in Economics from the Delhi School of Economics (DSE).
DR. MANJIT SINGH
Dr. Manjit Singh is Assistant Professor at Department of Laws,
GuruNanak Dev University, Amritsar. His Research and Teaching
areas are environmental and criminal law. He has 3 years of teaching
experience. He has done his Doctorate on the topic “Working of
Green Tribunal in India”. He has presented various Research papers
in various National and International Seminars and Conferences. He
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An Introduction to Legal Research Methodology
had published many research papers in International and National
Journals. He has also published various chapters in the edited books.
PRAMOD TIWARI
Pramod Tiwari is an Assistant Professor, Law Centre- II, Faculty of
Law, University of Delhi. He did his LL.B. and LLM from BHU,
PhD from DU. He has been a Civil Judge/Judicial Magistrate at
Assam Judicial services from 2008 to 2009. He has supervised
more than 30 LLM Dissertations. He has published more than 30
research articles. He has chaired and co-chaired many seminars and
congratulations throughout the nation. He has delivered many expert
lectures at various institutions of the country. He has more than 12
years of teaching experience. Email: pramodbhu786@gmail.com
MANAV
Mr. Manav is a third year B.Com. LL.B undergraduate at University
Institute of Legal Studies, Chandigarh University. He has a knack
for research and Moot Courts. He has been an active participant of
various academic competitions with a passion for writing. He has
also successfully participated in a number of National Moot Courts.
Contact no.: 9318377785&E-mail: gejehehshd@gmail.com
DR.MARIA GORETTI SIMOES
Dr. Maria Goretti Simoes is presently an Assistant Professor (Senior
Scale) and Ociating Principal of VVMs Govind Ramnath Kare
Collge of Law, Margao, Goa. She is also the IQAC Coordinator and
has written and published a wide range of articles on several issues
both at the National and International level. Email: simoes.morais@
vvm.edu.in
DR. NAMRATA LUHAR
Dr. Namrata Luhar is an Assistant Professor at Faculty of Law, The
Maharaja Sayajirao University of Baroda, Vadodara with a teaching
experience of about 19 years. She has to her credit six Gold Medals
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Legal Research Methodology
from The Maharaja Sayajirao University of Baroda for obtaining
highest marks in her Bachelor’s and Master’s Degree in Law.
Her areas of specialization have been Business Laws, IPR Laws,
Juvenile Law and Women related laws. She has been a recipient of
“IP Academician of the Year, 2019” Award by Intellectual Property
Protection Organization, Ahmedabad. She was adjudged as the
‘Best Participant’ during One Week Prof. N. R. Madhava Menon
Refresher Course for Law Teachers by National Law School of India
University in 2019. She has published several articles in reputed
International and National Journals and has delivered Expert Talks
at National, State and Regional Levels on dierent areas of Laws.
She is a recognized Ph.D. Guide and has successfully guided two
Ph.D. Scholars. Presently, four Ph.D. Scholars are working under her
guidance. Email: solanki.namrata-law@msubaroda.ac.in
DR. RAKESH CHANDRA
Dr. Rakesh Chandra is a former civil servant. Has served Government
of U.P. in dierent capacities. His qualication is MA, LLB,
(Lucknow University), LLM. (Babasaheb Bhimrao Ambedkar,
(Central) University Lucknow. He has authored ve books on Law,
namely “Globalization, Environmental Protection & Social Justice:
A Study in Indian Legal Framework”, “Right to Privacy in India
with Reference to Information Technology Era”, “Environmental
Degradation, Water Management and Climate Justice: A Study In
Indian Legal Perspective”, “India’s journey into the Cyber World: A
Legal Study”, “Right To Privacy and Surveillance in the Indian Legal
Perspective.”His more than fty papers on law have been published
in dierent National and International law journals. He has been
awarded his Ph.D. (Law) Degree by Lucknow University. Email:
rakeshchandra.81@gmail.com
DR. RANJIT SINGH
Dr. Ranjit Singh is Assistant Professor at Department of Laws, Guru
Nanak Dev University Regional Campus, Gurdaspur. His Research
and Teaching areas are media law and taxation law. He has eight
years of teaching experience. He has done his Doctorate on the topic
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An Introduction to Legal Research Methodology
“Impact of Media Violence on Youth: A Socio Legal Study with
Special Reference to State of Punjab”. He has presented various
Research papers in various National and International Seminars and
Conferences. He had published many research papers in International
and National Journals. He has also published various chapters in the
edited books. Email: ranjeet.8419@gmail.com
DR. RICHA SAXENA
Dr. Richa Saxena, is an Assistant Professor, Faculty of Law,
University of Lucknow. She did LL.M and Ph.D. from Faculty of
Law, University of Lucknow. She started her academic career as
Faculty for the BA.LL.B Hons. (Five year course), at University
of Allahabad, Allahabad (UP) in the year 2008. She also served as
Lecturer in Law, Patna Law College, Patna University, Patna (Bihar).
Since 2010, she is working as Assistant Professor, Faculty of Law,
and University of Lucknow. She has more than fourteen years of
teaching experience. She has delivered more than forty guest lectures
onvarious legal topics, such as Labour Laws, Women Laws, RTI,
Family Laws, Civil Procedure Code,etc. at institutions like Direct
Tax Regional Training Institute (DTRTI), Lucknow, Indian Railways
Institute of Transport Management (IRITIM), Lucknow etc. More
than eighteen papers have been published by her. She has been
awarded Ph.D on ‘Surrogate Motherhood, Problems and Prospect: A
Legal Study in International Perspective’ in 2017. She has written an
Edited Book “Human Reproduction: Legal Conicts and Concerns
from Satyam Law International (2021). She did one Minor Research
Project(2022) of R &D Scheme of UP Higher Education, Government
of Utter Pradesh, U.P. Email: richasaxenalu@gmail.com
RITIK GUPTA
Ritik Gupta is has earned LL.B. and LL.M. degrees from Faculty
of Law, University of Delhi, Ritik has also qualied for the UGC
NET exam twice. He wrote his LL.M. dissertation on topic “Justice
Denied: Huge Backlog of Cases and the Role of I.T and A.I as
Modern Correctional Measures.”Currently, he is working as a
Project Assistant for the Research Project “Traditional Wisdom
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Legal Research Methodology
and Indigenous Communities: A Research Study of Traditional
Knowledge of Tribal Groups,” under the aegis of the Ministry of
Tribal Aairs, Government of India.
RITU MALIK
Ms. Ritu Malik is an Assistant Professor in UILS Department of
Law Chandigarh University She Completed LLB as well as LLM
from Kurukshetra University Kurukshetra. She is also author of book
on Recent Judgment. She has written “A Manual of Legal Maxims
and Lexicon of Legal Phrases with Classication of Illustrations.”
She also published many articles in various International journals.
She was also part and partial of so many national and international
conferences and seminars conducted in Chandigarh University and
outside Chandigarh University.E-mail: ritu.e11581@cumail.in
SHAMBHU NATH MISHRA
Shambhu Nath Mishra is an alumnus of Faculty of Law, University
of Lucknow. He has completed his Masters in Law from National
Law University, Jodhpur with specialization in Intellectual Property
Rights. Currently he is pursuing Ph.D. on Articial Intelligence from
Dr. Ram Manohar Lohia National Law University, Lucknow. During
his graduation in law, he represented University of Lucknow on various
national and international platforms in Moot Courts, Conferences, and
Seminars and brought laurels as the Runner-Up in the prestigious K.
K. Luthra International Moot Court Competition organized by CLC,
University of Delhi. He also served as the Convener of the Moot
Court Committee of the University of Lucknow. He has presented and
published various research papers in various International Seminars
and Conferences. Email: advocatesnmishralko@gmail.com
SHREYA RAWAT
Shreya Rawat is an Assistant Professor at Siddhartha Law College,
Dehradun. She is also pursuing her research at Law College
Dehradun, Uttaranchal University. She was awarded a Gold Medal
in LL.M. at HNBGU. She has cleared UGC NET Exam. She has
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An Introduction to Legal Research Methodology
several national and international publications to her credit.Email:
advocateshreya11@gmail.com
SHUBHAM SRIVASTAVA
Shubham Srivastava is currently working as an Assistant Professor
of Law at the National University of Study and Research in Law,
Ranchi. He teaches criminal law and has several books and articles to
his credit.Email: shubham.nalsar15@gmail.com
DR. SOMA DAY SARKAR
She is presently engaged as an Assistant Professor at the Department
of Law, University of North Bengal, the author has completed her
B.A.LL.B (Hons.) and LL.M from the Department of Law, University
of North Bengal. In 2018, she was awarded her Ph.D. degree. She is
the Assistant Editor of Indian Journal of Law and Justice and has a
number of articles published in acclaimed national and international
journals. The author can be reached out at deysarkarsoma@nbu.ac.in
somadsarkar45@gmail.com
SUKANYA ACHARYA
Sukanya Acharya is the founder of Juris Emeralds LLP, Advocates
& Solicitors, a full-service law rm, based in Bengaluru in 2021
with international experience in research and advisory, she consults
early-stage entrepreneurs, start-up founders, emerging companies,
incubators and investors and various other businesses. She is trained
in mediation and arbitration and well-equipped to provide savoir-faire
assistance in conict mitigation and dispute resolution. Currently,
she serves as the Central Government Standing Counsel at the High
Court of Karnataka, Bengaluru Bench and also serves as the Vice-
President of the National CyberSecurity Council, WICCI (a not-
for-prot company). She is a 2012 alumni of Rajiv Gandhi National
University of Law, Patiala, Punjab from where she completed her
LL.M. in Business Laws (Gold Medal awardee with Distinction). She
has been awarded with the Erasmus ICM Plus 2018-19 Fellowship
to pursue academic research in her doctoral studies at the Queen
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Legal Research Methodology
Mary University of London, London. She has authored several
articles and book chapters. She believes in making aordable and
quality legal support and advice available to the disadvantaged and
underprivileged sections of society. Email: sukanya.acharya2020@
gmail.com
VIVEK SHUKLA
Vivek Shukla is practicing as an Advocate at Lucknow High Court.
He has over fteen years of experience in handling cases related to
Criminal Law, Cyber Law, Consumer Law, IPR, and Family Disputes
etc. Mr. Shukla is also associated with the Legal Literacy and Legal
Awareness Programme, Center for Environmental Law, Education,
Research and Advocacy, National Law School of India University
Bengaluru (CEERA-NLSIU), Department of Justice, Ministry of
Law and Justice, Government of India. He provides professional
services as a Subject Matter Expert in Tata Consultancy Services
Limited (TCS). Mr. Vivek has completed his LL.M (Business
Laws) from the National Law School of India University (NLSIU)
Bengaluru and joined the Law School in the year 2013 as a Research
Assistant at Cyber Law & Forensic Centre. Mr. Shukla was also a
Legal Research Consultant (CIPRA-NLSIU) for the Jharkhand IPR
Project. He served as Assistant Professor of Law at Ramaiah College
of Law, Bengaluru for three years (2015-18). He has written chapters
in three law books. He is distinguished Member of the International
Council of Jurists; Life Member of The Indian Society for Training
& Development (ISTD); Member of the Adhivakta Parishad, Uttar
Pradesh and Advisory and Executive Committee Member of IP Cell,
Cambridge Institute of Technology (CIT) Ranchi, Jharkhand
PROF. (DR.) YOGENDRA KUMAR
SRIVASTAVA
Prof. (Dr.) Yogendra Kumar Srivastava is a seasoned academic,
author, administrator and columnist having a vast experience in
the world of Legal Education, Government Sector and Litigation.
He is currently serving as the Controller of Examination and Dean
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An Introduction to Legal Research Methodology
of PG Studies at HNLU among other portfolios. He steered many
notable interventions in legal education and is well recognized as
a change leader. Prior to joining the Hidayatullah National Law
University, Raipur he was working as Dean and Director, Faculty
of Law and Dean, Student Welfare at Jagran Lakecity University,
Bhopal. He led two projects namely Tuning India Project Academy
(coordinated by University of Deusto, Spain and co-funded by the
Erasmus+ Programme of the European Union) and Ministry of
Environment, Forest and Climate Change Project on Chemical and
Waste Management (coordinated by the Center for Environmental
Education, Research and Advocacy (CEERA) of National Law
School of India University Bengaluru. During this tenure he organized
International/ National Conferences, Seminars, Refresher Courses,
International/ National Moot Court Competitions, International/
National Debate Competitions, International Alternative Dispute
Resolution Workshop, Training Programmes and many more
academic events having participation from India and abroad. As an
administrator, he successfully led collaborative eorts in academics
and research with reputed international and national universities. His
approach to partner with institutions in the legal education world is
widely appreciated and used as a model.
xvii
PREFACE
Education transforms human life. Research and development bring
panacea for human problems. Research has always helped mankind
to nd solutions for problems. Research has improved conditions
of human life sumptuously. Researcher in the able guidance of
experienced people is trained to conduct researches which are
benecial to mankind. Legal education and research are aimed at
‘dispensation of justice.’ Dispensing justice to people is not an easy
task. It requires incessant research making access to justice easy
and aordable. Legal research like other branches of knowledge
has formal methods of conducting researches. Law schools
and Universities these days are very particular about research,
development and innovation. These institutions are encouraging
research inclination and trying their best to inculcate the value of
research meant to provide solutions for human problems. Institutions
are oering compulsory courses in under graduate and post graduate
programme on ‘Research Methodology.’ In India under University
Grants Commission Ph.D. Regulation ‘course work’ has been made
compulsory for Ph.D.programme.
Legal research has not been in very good shape. UGC
recommended that before taking Ph.D. programmes, research
scholars must be trained in various research tools and techniques
so that research scholars along with their supervisors are able to
submit a good thesis. Research in law is often associated either with
academic research conducted in academic institutions or policy
research conducted either by Law Commission of India or special
commission appointed for this purpose. Many free-lance institutions
have also started providing research contents on payment basis.
Legal research in India has mostly been doctrinal. Doctrinal legal
research (DLR) is often critical, historical, analytical, feminist and
comparative analysis of legal doctrines contained in legal treatises,
commentaries and legislations. The law schools and universities in
pre-liberalization era conducted only doctrinal legal research.
Non-doctrinal legal research (NLR) which is also known as
empirical research methodology is based on analysis of rst hand data
gathered by research scholars through questionnaires from a given
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Legal Research Methodology
sample in a given research universe. Non-doctrinal researches are
about data analysis applying qualitative legal research or quantitative
legal research or multi-method/hybrid research methodology.
Once an academic researcher takes admission to research
programme, he struggles with his supervisor to formulate his
research proposal. Making a research proposal is not an easy task
which needs countless hours of sorting of legal materials, research
articles, books, commentaries, case laws and legislative texts not
only from municipal jurisdictions but also from various jurisdictions.
Having read the available legal literature on a given subject, the
research scholar starts the literature review and nds a research gap
and pinpoints on research problem. Having done that, he makes his
research design containing statement of problem, hypothesis and
variables. He then choses the correct research method for primary or
secondary data analysis, mode of citation and research limitations.
He also identies research questions and research objectives. He
lastly makes a tentative chapter plan.
The researcher in the whole process of research feels like being
in high sea without rudder and compass. The training in research
methodology makes his whole research journey smooth and hassle-
free. The canvas of academic legal research has gone a sea change in
last two decades. National law universities and private universities
have changed the whole process of legal researches which has been
equally supported by publications giants and software solutions.
The rankings of academic institutions have compelled the
institutions to take researches very seriously as performance in QS
Ranking, THE Ranking, NIRF Ranking depends on quality and
quantity of researches undertaken and publications made thereon.
National and international accreditations to dierent councils and
accreditation bodies like NAAC also takes research metrics for
awarding rankings and grades.
After 2000 A.D. academic researches have seen tremendous
change. Publishing giants like Springer, Elsevier, Taylor & Francis,
started mapping footprint of publications in the form of indexed
publications. They started h-index, i-index, g-index and eigen factor
etc. for individual researcher and institutions which shows the
authenticity and impact of published research works by faculty and
research scholars of the institutions.
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An Introduction to Legal Research Methodology
During the same time ‘Open Access’ journals opened a pandora
box of ‘predatory publications. 500% increase was reported between
2000 to 2010A.D. in open access journal. Directory of open access
journal was made. Jeery Beall a librarian of California prepared
a list of predatory journals which is being updated till date. Many
technological inventions in the form of computer software disrupted
the whole of process of research. The software like voice access,
voice typing, Google translate, Google form, Google scholar, oce
word, oce excel, SPSS, R, OCR made the task of typing, converting,
analyzing data easy. QDA, SPSS and R are being used for statistical
data analysis for qualitative or quantitative or mixed researches.
Collection, sorting and creating dataset became very easy as
the Government started making many repositories of data which
contains metadata. ‘Web Scraping’ technique these days are used for
importing data to a local computer for data analysis and to validate
or reject a hypothesis and legal education is not exception to it. Data
from repositories are being extracted for academic researches and
with the help of quantitative and qualitative data analysis software,
the statistical data analysis is being done.
In the meanwhile due to rising number of cases of academic theft
in the form of ‘plagiarism’ UGC made Plagiarism Regulation, 2018.
Due to dwindling values of research ethics, researcher these days are
often resorting to illegal practices to complete their research work.
Researchers are stealing contents of reputed scholars and presenting
it as their own. This problem was countered by a measure of software
which is anti-plagiarism software like Urkund, Turnitin.
UGC started ‘Shodhganga’ portal as a repository of Ph.D. research
works for Indian academic institutions. UGC to counter the problem
of predatory publications brought CARE list of publications so that
quality and authentic publications may be made in reputed journal.
Traditional universities and law schools are suering with the lack
of research infrastructure. The libraries are curtailing subscription of
reputed research publications. They often lack basic computer and
internet facilities. The purchase of books and materials is not done
on regular basis. The institution lack statistical data analysis facility.
The UGC INFLIBNET service is often found irregular which
provides access to subscription of many academic repositories and
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Legal Research Methodology
databases. This also gives them access to ‘anti-plagiarism’ software
for scanning and nding similarity index.
We are almost witnessing an explosion in academic research and
writings due to advent of ‘Generative Articial Intelligence’ (GAI).
These linguistic software/platform based on articial intelligence
has made the content creation magical. Anyone with the help of
GAI/ChatGPT can create a content in a jiy. Having subscription
to ChatGPT, Research Rabbit, Scisummary like platforms gives a
researcher access to quality contents and helps them in sorting,
downloading and writing research review and literature review
within almost no time. These linguistic software have changed the
whole course of academic researches and in the eld of science
has a created ‘fake science.’ Creating research article on platforms
supported by articial intelligence has become easy and publishing
the same on open access platform has also become easier.
Amidst these settings this work on ‘Legal Research Methodology’
works like bridge between ‘prior art’ and ‘state of the art’. This work
trains the researcher about basics of legal research methodology.
The work contains chapter of various dimensions of legal research.
The chapter on ‘An Introduction to Legal Research Methodology’
apprises the researcher about meaning, denition and types of legal
research, the various methods and steps involved in legal researches.
The Chapter on ‘Importance of Research Design in Research
Methodology: An Analysis’ highlights the idea of good research
design. The research design provides the rudder and compass to help
him to navigate. The proper research design helps the researcher
to hypothesize the research problem and execute the same almost
eortlessly. The chapter entitled as ‘Navigating the Plexus of
Legal Research and its Methodology’explains the types, tools and
techniques of legal research methodology that serve as a guide for
the researchers to navigate through the complex web of conducting
research thereby simplifying the application of the methods, tools
and techniques used in legal research.
The most dicult part of a legal research is ‘formulation of
hypothesis’. The chapter entitled as ‘Hypothesis: Formulation is
Half Research Done’ is again attributed to formulating the research
hypothesis, interlinking it with research questions, research method,
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An Introduction to Legal Research Methodology
research questions. Research hypothesis keeps the research work
focused and does not let the researcher be stray. The chapter
‘Hypothesis: Signicance & Inter-Relation with Research’ details
out the role and importance of research hypothesis. Formulating the
hypothesis in a correct way makes the research work easy. Finding
out the variables for hypothesis is very challenging and it often
inuences research ndings..
The chapter on Historical Legal Research details out the features
of historical researches in law. History provides foundation for
present and shapes the future. The merits and demerits of historical
legal research is discussed at length in this chapter.
The chapter entitled as ‘Comparative Legal Research: Pros and
Cons’ details out research techniques to bring out the similarities
and dissimilarities of dierent laws and dierent laws in dierent
jurisdictions.
The chapters on ‘Socio-Legal Research’ and ‘Socio-Legal Studies
in Research Methodology’ discuss about socio-legal research and how
the qualitative and quantitative data analysis can provide solutions
for many social problems. The chapter on ‘Feminist Legal Research’
gives an insight to researcher about analysing problems of gender
injustice and suggest the researcher to utilize feminist approach for
elimination of discrimination based on gender.
The chapter entitled as ‘Plagiarism and Copyright Issues in
Research Report: A Legal Perspective’ deals with the issue of
plagiarism and copyright infringement. The author also explains the
inter-linkage between these two. The chapter on ‘The Signicance
of Ethics in Legal and Socio-Legal Research’ deals with the issue
of academic integrity and research ethics. Recent cases of academic
theft and dwindling moral values have insisted on good research
ethics. The chapter on ‘Codifying Research Ethics: The Past, The
Present, And the Future of Medical and Legal Research’ deals with
research ethics in Medico-legal researches. With the surge in medical
researches and its interaction with legal knowledge adherence to
research ethics is sine quo non.
The chapter on ‘The Role of Law Libraries and Data Mining in
Legal Research: An Overview’ is very insightful for a researcher
about using a library. Libraries are powerhouse of knowledge.
xxii
Legal Research Methodology
Correct training in the usage of library tools and resources eases the
work of researcher.
The chapter on ‘Participatory and Non-Participatory Research
Techniques in Criminal Law’ details out these research techniques in
criminal law researches. The chapter on ‘Questionnaire & Interview
in Research: Tool & Technique’ highlights the importance of
questionnaire in gathering research data.
The chapter on ‘Digital Tools and Methods in Contemporary
Legal Research: An Overview’ details out software tools and web
portals which can be used for doing sumptuous research work in the
eld of law. The chapter on ‘Observation Method: A Potent Tool
of Data Collection in Empirical Research’ provides an insight about
observation method. The chapter entitled as ‘Comparative Study
of Data Mining and Predictive Interpretation of the Techniques:
Evaluating the Uncertainty Application of Database’ details out the
process of data mining and web scraping.
The editor of this work hopes and believes that the work shall
receive a warm response from academic fraternity and work like a
guiding light for researchers of Indian law schools. The author is
deeply indebted to all contributing authors, University of Lucknow
and most importantly to Satyam Law International for bringing out
this work in this form.
Dr. Ashish Kumar Srivastava
Assistant Professor, Faculty of Law,
University of Lucknow
Lucknow, 2023
email: srivastava_ashisk@lkouniv.ac.in, asrinlu@gmail.com
xxiii
Contents
Preface .......................................................................................... xvii
Chapter 1 An Introduction to Legal Research Methodology
Pramod Tiwari, Ritik Gupta & Deepu Kumar �������������� 1
Chapter 2 Importance of Research Design In Research Methodology:
An Analysis
Dr� Ranjit Singh & Dr� Manjit Singh ��������������������������� 21
Chapter 3 Navigating The Plexus of Legal Research and Its
Methodology
Sukanya Acharya & Vivek Shukla �������������������������������� 41
Chapter 4 Hypothesis Formulation is Half Research Done
Dr� Richa Saxena ��������������������������������������������������������� 65
Chapter 5 Hypothesis: Signicance and Inter-Relation with
Research
Shambhu Nath Mishra & Deepayan Malaviya ����������� 81
Chapter 6 Historical Legal Research
Dr� Ashish Kumar Srivastava �������������������������������������� 99
Chapter 7 Comparative Legal Research: Pros and Cons
Aneesha Johny ����������������������������������������������������������� 112
Chapter 8 Socio-Legal Research
Ritu Malik, Anushka Daksh & Manav����������������������� 133
Chapter 9 Socio-Legal Studies In Research Methodology
Dr� Maria Goretti Simoes ......................................... 153
xxiv
Legal Research Methodology
Chapter 10 Feminist Legal Research
Arjita Verma & Kanu Priya....................................... 171
Chapter 11 Plagiarism and Copyright Issues in Research Report: A
Legal Perspective
Dr� Namrata Luhar .................................................... 187
Chapter 12 The Signicance of Ethics in Legal and Socio-Legal
Research
Dr� Rakesh Chandra .................................................. 213
Chapter 13 Codifying Research Ethics: The Past, The Present, And
The Future of Medical and Legal Research
Abhijit B .................................................................... 235
Chapter 14 The Role of Law Libraries and Data Mining In Legal
Research: An Overview
Dr� Soma Dey Sarkar................................................. 251
Chapter 15 Participatory and Non-Participatory Research Techniques
in Criminal Law
Shubham Srivastava & Dr� Biswanath Gupta ........... 261
Chapter 16 Questionnaire & Interview In Research: Tool &
Technique
Dr� Ashish Kumar Srivastava .................................... 277
Chapter 17 Digital Tools and Methods in Contemporary Legal
Research: An Overview
Amitesh Deshmukh & Prof� (Dr�) Yogendra Kumar
Srivastava .................................................................. 287
Chapter 18 Observation Method: A Potent Tool of Data Collection
in Empirical Research
Dr� Balwinder Singh .................................................. 305
xxv
An Introduction to Legal Research Methodology
Chapter 19 Data Collection and Data Analysis Methods
Shreya Rawat ............................................................. 317
Chapter 20 Comparative Study of Data Mining and Predictive
Interpretation of The Techniques: Evaluating The
Uncertainty Application of Database
Garima Jargar ........................................................... 337
65
CHAPTER 4
Hypothesis Formulation is Half Research Done
Dr. Richa Saxena1
ABSTRACT
“The term ‘Research’ indicates, that it is a process of searching
something which is already in existence, but in dierent perspective
with dierent objective and for the dierent outcomes. In fact proper
literature review opens the vision of the researcher to plan the
research. It is an eye opener for the researcher to nd out the area
of research while intimating left out areas of particular discipline.
Similarly, when research design has to be prepared by the researcher,
hypothesis formulation is one of the dicult task in that. Hypothesis
is an assumption which a researcher formulates for the desired
outcome of the research. Formulation of hypothesis is one of the
measure of the research which not only intimates about the presumed
assumption of the research but it actually covers the scope, object
and result of the research. Once hypothesis is formulated, it not only
conrms the area of the research but it orients research towards the
desired direction. It is either proved or disproved in the end of the
research but initially, in research design, formulation of hypothesis is
an important and dicult task and once it is successfully formulated,
in fact half work is done in the research. In this chapter author has
attempted to discuss the mechanism of hypothesis formulation in
legal research, its importance, requirement and measures.
Keywords Research, Hypothesis, Formulation, Features.
1 Assistant Professor, Faculty of Law, University of Lucknow, Lucknow
66
Legal Research Methodology
INTRODUCTION
A search, in dierent perceptive, for dierent objective, to get dierent
outcome, is a research. A hypothesis, formulated properly, stated
correctly, tested accurately, produces a genuine research. Research is
required for the advancement of knowledge. Bhat (2019) says that, “It
is a systematic way of nding the truth, explaining the phenomenon,
conceptualizing the theories, and suggesting appropriate future course
of action”.2 Similarly legal research is a study of the world of the
law and the world that the law purports to be governed3. Either it is
scientic research, social science research or legal research, process
of research began with thinking, searching, and formulating research
problem. Therefore from choosing a ‘research problem’ to prepare
a ‘research proposal’ researcher has to put all his eorts and skills.
A research proposal is a blue print of Research Project. It should
be properly designed. It should be signicant for the enhancement
and contribution to the knowledge In the specic subject or area. It
should be approachable, socially valuable, and practically possible.
Bhat(2019) explains that, ‘The research proposal should reect a
down-to-earth approach, should be clear about social relevance,
sincere in cost estimation, and exhibit readiness for time-bound
completion without delay or haste.’4Thus at various stages of research,
proper planning of the research and development of independent idea
is essential. Such a design provides shape and development to the
research. As mentioned above research proposal is very essential in
the process of research, because it does not only inform about the
importance and relevance of the research project to the authorities,
but is one of the guiding measure for the researcher to plan his further
research. Research proposal should contain an introduction of the
research problem, research questions, hypothesis, methodology and
outcome of the research. When it is legal research it addresses the
general and specic problems of laws, policies, implementation of
laws, its background, assessing its outcome, ecacy, suggesting the
lines of reform and thereby answering the problem at hand.
2 P. Ishwara Bhat, Idea and Methods of Legal Research, (Oxford University Press 2019) 1
3 George D. Braden, ‘Legal Research: A Variation On An Old Lament’(1982) Vol. 24, No.
2/3 Journal of the Indian Law Institute 189-195
4 P. Ishwara Bhat, Idea and Methods of Legal Research, (Oxford University Press 2019)
111
67
Hypothesis Formulation is Half Research Done
While preparing a research proposal, literature review is an initial
step which essentially is required for the identication of the research
problem. For example, a research to examine the status of surrogate
women in India requires to Investigation some of the prior researches
which are signicantly important. If one has to examine the relevance
of me-too statements in criminal trial, case studies of such accusations
are very much required for moving ahead.
Once research problem is nalized, hypothesis has to be
formulated. Formulation of hypothesis ‘acquires considerable
signicance because it is a projection of a nucleus of an idea or a
seed of thought as a possible answer to the question at hand as against
nebulous conjecture and preview of a concrete theory’5. Hypothesis
is a tentative solution oered by the researcher which has to be tested
via analyzing collected data. Therefore formulation of hypothesis is
one of the most complex phenomenon of the research process. It is
either proved or disproved in the end of the research but initially,
in research design, formulation of hypothesis is an important and
dicult task and once it is successfully formulated, in fact half work
is done in research.
Though, objective of the research may be to test a hypothesis or
to generate a hypothesis. Hartwick and Henri (1994) mentioned that,
“in hypothesis testing research, the researcher species one or more
priori hypothesis, based on existing theory /or data, then puts these
hypotheses to an empirical test with a new set of Data. In hypotheses
generating research, the researcher explores a set of data searching
for relationships and patterns, and then proposes hypotheses which
may then be tested in some subsequent study.”6
Hypothesis
Bhat says about hypothesis that, ‘It is an intelligent guess based on
well-ordered data’7Hypothesis is a formal question of the research
framed by the researcher to get his desired result from the work. It
is a primary idea towards the desired goal of the research, where
5 Ibid, p. 121
6 Jon Hartwick and Henri Barki , ‘Hypothesis testing and Hypothesis generating Research:
An Example from the User Participation Literature’, (December 1994) Vol. 5, No.4,
Information Systems Research, 446-444, <https://www.jstor.org/stable/23010607> ac-
cessed 2 August 2023
7 P. Ishwara Bhat, Idea and Methods of Legal Research, (Oxford University Press 2019) 47
68
Legal Research Methodology
researcher can reach through trial and error, if he has no idea about
the destination. G.K.Gilbert (1896) said that, “When the investigator,
having under consideration a fact or group of facts whose origin or
cause is unknown, seeks to discover their origin, his rst step is to
make a guess. In other words, he frames a hypothesis or invents a
tentative theory”. Webster Dictionary explains hypothesis as, ‘It
is a proposition, condition or principle which is assumed, perhaps
without belief, in order to draw out its logical consequences and by
this method to test its accord with facts which are known or may be
dened’.8 In other words, a statement, which is tested through scientic
method, is a hypothesis. ‘It is a provisional idea whose merit is to be
evaluated on the further study in the light of data’9. It is testing of
facts in response to collected data, in reference to research questions.
It works as bridge between inquiry and theory. Inquiry of the facts
required and concerned with the research questions are examined and
collected in the form of Data. A statement called ‘hypothesis’ in fact,
provides a standard for exanimation of data. When collected data is
applied on such standard, it either same, near or far from the standard,
support or denied the standard, proved or disproved the standard. On
that basis required result of the research has to be drawn. Therefore,
hypothesis provides a specic direction to the research process.
Laundberg describes, that, “A hypothesis is a tentative generalization,
the validity of which remains to be tested. In most elementary stage,
the hypothesis may be hunch, guess, imaginative idea, which become
the basis for action or imagination.”10
‘Laundberg observes, quite often a research hypothesis is a
predictive statement, capable of being tested by scientic methods,
that relates an independent variable to some dependent variable’.11
The word hypothesis was derived from the Greek word ‘hypo
(under) and thihenas (thesis) that means idea or general opinion to
be defended by a person and thus hypothesis, means an idea formed
8 Webster’s New International Dictionary
9 P. Ishwara Bhat, Idea and Methods of Legal Research, (Oxford University Press 2019)
121
10 Gorgde Andrew Lundberg, Social Research: A Study In Methods of Gathering Data
(Longmans, Green and Co. 1968)
11 Epg-Pathshala, ‘Research Methodology, Hypothesis’ MHRD, Government of India,
<https://epgp.inibnet.ac.in > accessed 12 August 2023
69
Hypothesis Formulation is Half Research Done
beforehand which has less value than the generally formed view’12.
Some other denition of hypothesis is as follows.
James E. Greighton, says that,“It is a tentative supposition
or provisional guess which seems to explain the situation under
observation”. Barr and Scates mention that,“A hypothesis is a
statement temporarily accepted as true in the light of what is, at
the time, known about a phenomenon, and it is employed as a basis
for action in the search for new truth, when the hypothesis is fully
established, it may take the form of facts, principles and theories”.M.
Verma, observes that, “A theory when stated as a testable proposition
formally and clearly and subjected to empirical or experimental
verication is known as a hypothesis”Guy (2006) observes that, “It
states the research’s expectations about the relationship between the
variables in the research topic”.
In can be understood as if researcher didn’t have any idea to
proceed his research work, initially to move in one direction he will
formulate an idea about direction to proceed, such primary idea is
hypothesis. While, for legal research, especially in case of socio legal
research hypothesis would be in direct relation to legal issues or law
itself and it has to be tested in the eld through data collection. A
simple, hypothesis, which can be proved or disapproved through data
available, would be best for the socio-legal research. For example, in
a research work on A Socio-Legal Study to examine the need of legal
regulation on the Commercial Surrogacy in India. Hypothesis may
be like “Commercial Surrogacy requires legal regulation in India.”
In a research work on‘A Socio legal Study to examine how services
of Police can be improved towards women?’ Hypothesis may be like,
“Women Police more eectively serves towards the women victims.”
Cohen and Nagel observe that, “We cannot take a single step
forward in any inquiry unless we being with suggested explanation
or solution of the diculty which originated it. Such tentative
explanations are suggested to us by something in the subject matter
and by our previous knowledge. When they are formulated as
propositions, they are called hypothesis”13.
Hypothesis provides direction to the research. It directs an
investigator to identify the procedures and methods to be followed
12 Dr. S.R. Myneni, Legal Research Methodology (Allahabad Law Agency 2004) 88
13 Ibid p. 89
70
Legal Research Methodology
in solving the problem. The hypothesis is forward looking. It may
be a statement of relationship or it may specify the functions. For
any problem framing the hypothesis requires prior knowledge of
the phenomenon. It is rightly said that “Hypothesis is composition
of some variables which have some specic position or role of the
variables i.e. is to be veried empirically. It is a proposition about
the factual and conceptual elements. Hypothesis is called a leap in
to the dark. It is brilliant guess about the solution of the problem.”14
It is to be understood as “process of discovery to create greater
understandings or conclusions. It is not a strict proof as in logic and
mathematics”.15
Kinds of Hypothesis
Hypothesis expresses the relationship between two or more variables.
For the formulation of the hypothesis, identication and xation of
variables are very much required. These variables are such facts
or entities which has dierent values or which are not constant but
varies. The output of the research is measured by cause and eect
relationship between independent and dependent variables. Such
relationship must clearly indicate in the research. These variables are
specied in the research as ‘age’ ‘height’, ‘temperature’, ‘signature’
, marks(test marks), medical reports, etc. Independent variable (IV)
work as a ‘cause’. Its value is independent of the other values in the
research. While dependent variables (DV) are eect and its value
depend on changes in the value of the independent variables. On the
basis of these variables hypothesis may be of following types.
(a) Simple and Complex Hypothesis
When relationship between single dependent variables and single
independent variable has to be examined, hypothesis would be simple
hypothesis, in contrast, when there is more than one dependent and
independent variables, it would be a complex hypothesis16.
For example, ‘increase in number of women police (IV) will
increase in the reporting of oences against women (DV)’ is a simple
14 Dr. Alok Gupta & Nitin Gupta, Research Methodology (SBPD Publications 2019) 23
15 <https://oakland.edu/Assets/upload/docs/AIS/Syllabi/Tayler_Research_Hypothesis.
pdf > accessed 25 August 2023
16 Types of Research Hypotheses - Excelsior University OWL , <https://owl.excelsior.
edu/ > accessed 18 August 2023
71
Hypothesis Formulation is Half Research Done
hypothesis Or illegal abortion (IV) depends on various factors (DV)
(a) poverty (b) free sex (c) ignorance (d) non accessibility of medical
resources, is a complex hypothesis.
Similarly more than one independent variable and dependent
variable leads to complex hypothesis such as causes of increase in
infertility (IV) and use of Assistant Reproductive Technologies (IV)
has to be examined on the basis of various factors (DV) (a) age of
marriage (b) stressful life styles (c) dietary habits (d) alcoholism
and drug addiction (e) accessibility of ART (d) economic status of
the parties (e) availability of donors or surrogates etc. would be
complex hypothesis.
(b) Directional & Non Directional Hypothesis
In case when researcher wants particular and specied outcome of his
research, it would be directional research. It is like, research would
proceeds with and in the direction of the ‘thinking of the researcher’.
To understand, example is ‘Children brought up in joint families are
able to share naturally than those brought up in nuclear families’. The
hypothesis is to examine the two groups of children from joint family
and from nuclear families on various grounds (such as able to share
rooms, share foods, make friends, talk to all, talk to none, comfortable
in groups, or aloof, annoyed) which express their sharing skills. In
non-directional research, there is no prior presumptions or theory for
the researcher or the ndings of the research is contradictory to the
previous researches. Such hypothesis does not shows the cause and
eect relationship between the variables. To understand, example is
‘sharing skills of the children are inherent, cannot inculcate through
specic brought up’. The hypothesis examines that joint family or
nuclear family does not matter for the sharing skills of the children.
(c) Associative and Casual Hypothesis
In case, when change in one variable causes change in other variables,
such is associative hypothesis. For example, ‘alcohol is the major
reason of domestic violence’. It is like non-availability or prohibition
or ban on the sale of alcohol reduces the cases of domestic violence. It
may be prevalent number of the shops of alcohol in the area increases
the cases of domestic violence in that area. In case, when independent
variable caused an eect on the dependent variable, such is casual
hypothesis. It, in fact shows relationship between cause and eect.
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Legal Research Methodology
For example, awareness programs in schools for the Protection of
children from sexual oences causes decrease in sexual oences
against children. It is when more and more children are taught about
‘good and bad touch’, ‘what to do in such circumstances’ or ‘where
to complain’. Such awareness certainly will reduce sexual oences
against them. Example of simple, casual research are mentioned
above under the heading simple and complex research17.
(d) Null Hypothesis or Alternative Hypothesis
In case of statistical thesis hypothesis has to be proved or disproved
through the available data. If such hypothesis does not show any
cause and eect between presumptions of the researcher and data
responses, it is called null hypothesis. Null hypothesis expresses
those presumptions which are tested rst hand not tested before in
any research similarly. Such presumptions are tested because they
are believed to be true or they are the fundamental ground of the
argument in the research. For example, a hypothesis is ‘Educated
women are not victim of cruelty and dowry.’ The data shows educated
and non-educated women are subject to cruelty and dowry equally.
Alternative hypothesis is one that denotes actual desired outcome
of the researcher. It is antithesis to null hypothesis. It means alternative
hypothesis is true, if null hypothesis is disproved. For example, in
above case, when it is proved that educated women are also subject
to cruelty and dowry, the alternative hypothesis that ‘there is no
relation between education of women and cruelty and dowry against
them’, proved to be true.
Features of Hypothesis
William Goode and Paul Hatt observe that, “Hypothesis must be
unambiguous, direct, simple, specic, and responsive towards the
testing techniques and somewhere/somehow in connection with the
established theory/principles”.18
Hypothesis should be based on some conceptual ideas. It is an
imaginary situation of facts, but such imagination must be based on
established theories/principles/ideas/facts. For example, if prevalence
17 See, Simple and complex hypothesis.
18 William J. Goode and Paul K. Hatt, Methods in Social Research (McGraw Hill, 1952)
67-68
73
Hypothesis Formulation is Half Research Done
of dowry in Indian marriage has to be examined in the research, and
hypothesis is “Dowry is an essential requisite of Indian Marriage”.
Dowry is at least known to Indian Marriages. Concept of dowry
must not be imaginary fact, it must be existed in Indian society. Its
references, theories and practices and events/stories must exist in
some or other form. While examining such theories/principles/ideas/
facts through variables in research to justify hypothesis, it may either
proved or disproved. If it is proved, conclusion would be dowry is
essentially required for Indian marriage. If it is not proved through
responsive data, conclusion would be ‘Dowry is not essentially
required for Indian Marriages’ (null hypothesis).
Secondly, Hypothesis must be in express form. Hypothesis may
not be implied. It must be expressly pronounced in the research
proposal.
Thirdly, hypothesis must be feasible to the empirical facts. It means
it must be in reference to such facts, which have some relationship
with the variables. In research that relationship with the variables will
empirically justied or reject the hypothesis. For example, in above
mentioned example, to examine the existence of dowry in Indian
marriages, process of marriages, expenses of marriage, demands in
Marriage, ceremonies of marriage and parties to the marriage may be
such variables which can be empirically tested in required number of
marriages, and it would be responsive to the hypothesis.
The actual nature of hypothesis can be drawn while, dierentiating it
with other terms used in research of natural sciences and mathematics,
such as ‘postulates’ and research in statistics, such as ‘assumptions’.
Initially postulates and assumptions are seems as synonyms of the
hypothesis. But they are dierent in action and theory. Postulates are
accepted beliefs or original facts of natural science researches and
mathematical researches. Initially to begin the natural scientic or
mathematical research, things are accepted as they are and other facts
are examined in relation to these postulates. Similarly, assumptions,
in statistical research are restrictive conditions put to the situation
to simplify and validate it logically. Assumptions are logical vision,
which has to be examined through data. In contrast, hypothesis is a
presumption of the researcher, which is based on prior knowledge,
information or investigations in the form statement, which he wants
74
Legal Research Methodology
to prove in his research. It is other than postulates, because they are
originally accepted facts of research and assumptions which are
presumed facts of the research19. For example, Darwin postulate
was ‘survival of ttest’ in natural science research, mathematics
research postulates is ‘Straight lines runs up to innite’. Assumption
in statistical research are as ‘normality, linearity and equality of
variance’.20 Hypothesis of the research to examine how many egg
are surviving or criteria of healthy eggs may be “all healthy (t) eggs
are surviving”.
Hypothesis is dierent from research questions. Research
questions are the preview of the research problem that specically
signies various variables of the research, while hypothesis is a
predictive statement of relationship between an independent and
dependent variable of the research questions and produces a tentative
answer to testify the research questions or to explore it21.
Therefore it can be said that ‘Hypothesis provides the investigator
with denite statement which may be objectively tested and accepted
or rejected and leads for interpreting results and drawing conclusions
that is related to original purpose’.22
Formulation of Hypothesis
‘Formulation of Hypothesis, etymologically means half
thesis.’23According to Goode and Hatt (‘without’) hypothesis
formulation the research is unfocussed, a random empirical wandering.
The Result cannot be studied as facts with clear meaning. The
formulation of hypothesis links between theory and investigation
which lead to discovery of addition to knowledge. Though being an
assumption, hypothesis may be ‘anything’. For example, ‘urbanization
and urban life style boost suicide rate, broken home tend to lead juvenile
delinquency, modernization and education among women lead to
19 Dr. Alok Gupta & Nitin Gupta, Research Methodology (SBPD Publications 2019) 25
20 <www.statisticssolutons.com > accessed 17 August 2023
21 Edward Barroga & Glafera Janet Matanguihan, ‘A Practical Guide to Writing Quantita-
tive And Qualitative Research Questions And Hypothesis In Scholarly Articles’ (2022)
Journal of Korean Medical Science. 25; 37(16): <https://www.ncbi.nlm.nih.gov/pmc/
articles/PMC9039193/ > accessed 24 August, 2023
22 Sadina Zul qar Bin Tahir, ‘Hypothesis formulation’<http:// www.academia.edu >
accessed on 24th August, 2023
23 P. Ishwara Bhat, Idea and Methods of Legal Research (Oxford University Press 2019) 46
75
Hypothesis Formulation is Half Research Done
divorces, poverty causes criminality and unemployment among youth
leads to violent crimes’.24
Hypothesis must be clear statement of investigations in research.
It should be specied and conrmed before research and must be
mentioned in the research proposal. For formulation of hypothesis, it
is essentially required to narrow down the research questions. It has
been suggested by the Craig C. Lundberg(1976) that there are four
perquisites of the hypothesis creation, one “acquiring of knowledge
of acquaintance of the phenomenon, really knowing the subject,
possessing an ingrained paradigm, and the ability to galumph”25
It means while examining literature review and identication of
research problem, specication of research problem is required. For
example, if the research problem is concerned with the increasing
rate of divorce, narrow down of the research problem may be, area
wise, i.e., urban/rural, reason wise, i.e. fault ground/mutual consent,
etc., and specication of the research problem would be selection of
one area or one reason, out of such research problems. It can be better
explained as if one report/article suggests that ‘divorce with mutual
consent is increasing rapidly and aecting stability of marriage
badly’.The research question would be how divorce with mutual
consent aects marriage? To formulate the hypothesis literature
review has to be examined on the issues of procedure of divorce
with mutual consent, its requisites etc., convenience of the parties
of divorce, and data how many divorces are divorce with mutual
consent. Previous studies suggests divorce with mutual consent is
an easy and feasible mode of divorce rather than divorce based on
fault grounds. When this research question would be formulize in to
one distinct sentence which suggests desirable result of the research,
it would be hypothesis. For example,Divorce with mutual consent is
developed as feasible mode of divorce.
This hypothesis has to be tested via relationship with other
factors called variables, and collected as data. Some of the
variables for this research would be like that, as consents of the
parties being independent variable, depends on some dependent
variable such as such as social circumstances of the parties,
24 Ram Ahuja, Research Methods (Rawat Publications, 2015) 76
25 Craig C. Lundberg, ‘Hypothesis Creation in Organizational Behaviour Research’,
(Apr., 1976) vol. 1, No. 2 The Academy of Management Review, 5-12 at 8
76
Legal Research Methodology
have or have not kids, education of the parties and economic
independence of the women.
Therefore to formulate hypothesis rst research area has to
be found. Secondly, literature review has to be reviewed. By that
point of time at least ‘research problem’ would be apparent to the
researches. Further celerity on the subject would be suggested
through the previous studies. It would also suggest thrusting areas
of the research problem. That would help researcher to identify
research questions. At the stage when research questions are seen
in the research problem. One of such distinct and assertive question
which is able to suggest the answer to the question can be treated as
hypothesis or is a hypothesis.
For example, reports say use of mobile phones among children
aects their reasoning capabilities.For the further studies, research
questions would be what factors aects the reasoning capabilities of
the children. If hypothesis has to be formulated it may be; mobile
phones aects reasoning capacities of the Children.
This hypothesis has to be tested with dierent variables, such as
from the 2 to 12 years age of children using mobiles (independent
variable), their ability to take decisions promptly, their ability to
communicate properly, their ability to understand correctly are
the dependent variables. Data analysis would suggest relationship
between these independent variables and dependent variables. Such
relationship would be answered to above mentioned hypothesis. If
out of 100 such children of the age 2 to 12 using mobile phones,
more than half i.e., more than fty children’s decision-making,
communication or understanding ability is aected, hypothesis is
positively proved. If less than half is aected by the mobile phones,
hypothesis would be near to be proved… and so on. If these variables
show no relationship at all, that would be answer to null hypothesis,
such as ‘mobile phones does not aect the reasoning capacities of the
children at all’.
Therefore, formulating a hypothesis requires a specic, testable
and predictable statement driven by theoretical guidance and or prior
evidence.’26 A useful hypothesis is determined by the ‘keen observation,
discipline imagination and sound theoretical thinking’ of the researcher27.
26 Young Ju Shin & Yu Lu, ‘Hypothesis Formulation’ 675-677 in Mike Allen (ed.) The
Sage Encyclopaedia of Communication Research Methods, (Sage Publications, 2017)
27 Pauline V. Young, Scientic Social Surveys and Research (4th ed. Prentice Hall, 1996) 104
77
Hypothesis Formulation is Half Research Done
For example, a hypothesis was formulated by the researcher as ‘eective
governance by the criminal justice system at every step of handling the
oence of rape is the key towards minimizing its incidence in India’, in
a study related to oence of rape and dilemma of punishments thereto
in India. Variables to the hypothesis were absence of protections To
the victim on complaint, investigations and in medical assistance, and
inconsistencies in punishment and compensation28.
Therefore, formulation of hypothesis is something in between
situation of the expectation of researcher from his research and
theories/ materials available concerning such research. Researcher
should formulate a hypothesis in such a manner as it would be
responsive towards his desired result of the research which would be
either proved or disproved via data analysis.
Testing of Hypothesis
“To test a hypothesis means to tell (on the basis of the data researcher has
collected) whether or not the hypothesis seems to be valid”29Hypothesis
is fundamental part of research. It is to suggest or to support the
assumptions of the research. If formulation of hypothesis is a step
towards the desired result of the research than testing of hypothesis is
a step towards varying research with collected Data. Once hypothesis
is tested, via collected data materials that helps the researcher to reach
to the conclusion on the truthfulness of hypothesis or its failure. As
Kothari mentions, “In social science where direct knowledge of
population(s) parameter is rare, hypothesis testing is often used strategy
for deciding whether a sample data oer such support for a hypothesis
that generalization can be made. Thus hypothesis testing enables us to
make probability statements about population parameters(s)”.30
Testing of hypothesis is based on the pre-dened principles on
which the sample data has been selected by the researcher and which
are guiding the hypothesis to be accepted or rejected. Hypothesis
can be tested by ‘logical consistency’ or by ‘agreement with fact’. In
former case, logical reasoning will either support or in contradiction
28 Paromita Chattoraj, ‘Oence of Rape: Dilemmas of Governance through Criminal Law
Sanctions’quoted in P. Isawara Bhat, Idea and Methods of Legal Research (Oxford
University Press 2019) 123
29 C.R. Kothari, Research Methodology, Methods and Technique (New Age International
Pvt. Ltd. 2014) 191
30 Ibid, p. 184
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Legal Research Methodology
of the ndings of the hypothesis and while these ndings are analyzed
with logical reasoning, it either establish the hypothesis or denies
the hypothesis. In second case, nding of the hypothesis has to be
checked with established laws of nature. Such ndings should agree
with the scientic principles which shows its validity.31
For the testing of hypothesis various statistical, mathematical,
econometric and experimental methods are to be applied. The
applicability of the technique of the testing of hypothesis depend
upon the availability and reliability of Data. In case of statistical test,
where hypothesis has to be veried via data collected from sample,
hypothesis is either null or alternative. In case of null hypothesis,
sample and population show no dierence on specic matter required
for the research. In such a way, hypothesis is proved ‘true’. In case of
alterative hypothesis, those variables are specied which researcher
wants to be proved ‘true’. In sample data, if responses with such
variables show some relation with the hypothesis, it would be proved
‘true’. If there is no such relation it may be ‘false’. It can be said
as hypothesis is true or accepted if observed facts or collected data
responses are in consistent with the hypothesis and if these responses
are inconsistent with hypothesis, it is false, or rejected.
There is three dierent approaches (Test Static Approach, P-Value
Approach and Condence Interval Approach). “Each approach
requires dierent subjective criteria and objective statistics but ends
up with the same conclusion”. 32
These tests should not be used in mechanical manner. It is used
as an aid to get the results from the collected data and if dierences
occurs in the results, such tests are not to specify the reason of
such dierences. The results provided through tests are based on
the probabilities and it mere indicates that all such dierences are
not mere matter of chance. Therefore, it can be said that all such
empirical researches in which results based on statistical inferences
are required ‘adequate knowledge of subject matter along with ability
of good judgment’.33
31 Dr. Jayant Tatke, ‘Research Methodology’, Symbiosis Centre for Distance Learning’
(2009)
32 Syed Muhammad Sajjad Kabir, ‘Formulating and Testing Hypothesis’ <https://www.
researchgate.net/publication/325846748 > accessed 5 May 2023
33 C.R. Kothari, Research Methodology, Methods and Technique (New Age International
Pvt. Ltd. 2014) 229
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Hypothesis Formulation is Half Research Done
Relevance of Hypothesis
In brief, hypothesis is a product of a thinking and imagining mind
exposed to facts and theory, and avoids the predicament of an empty
shuttle weaving in the wind34.Hypothesis is known and understood
as a guiding principle for the research which directs the research
towards particular and desired result. If a research is planned without
specic hypothesis, there may be possibility of providing no results
at all or it may provide too many results too. “By no results at all is
meant precisely what the words say, that this is research without a
clear plan or objective, which therefore is likely to lead nowhere.
By too many results, ndings that do not hold up in subsequent
enquiries’. 35 It is righty marked by the Cohen and Nagel that ‘We
cannot take a single step forward in any inquiry unless we begin with
a suggested explanation or solute of the diculty which originated
it’.36 Therefore, hypothesis is essentially required to prohibit blind
search and gives the direction to the whole process of the research.
To get meaningful results with relevant data, hypothesis formulation
is itself an essential procedure. Hypothesis of research guides that
what type of data is required for the research, how such data has to be
collected and organized as it would be helpful to give required and
meaningful result? Not that only, hypothesis is required to decide
that which method is required for the analyses of the Data. A tested
hypothesis either approves the theory established or provides new
theories which based on the dierent facts and has to be tested in
future researches.
CONCLUSION
“Hypothesis, regardless of what type, are but means to an end,
the end being “good” research.”37A research may with or without
34 P. Isawara Bhat, Idea and Methods of Legal Research (Oxford University Press 2019) 121
35 Gosta Carlsson, ‘The Role of Hypothesis in Sociological Research’’, (1958) vol. 3,
No.1 Acta Sociologica, 8-18, at 9 <https://www.jstor.org/stable/4193474 > accessed
5 February 2023
36 Morris R Cohen & Ernest Nagel, ‘An Introduction to Logic and Scientic Method’, in
Claire Seltiz, Marie Jahoda, et. al., Research Methods in Social Relations (Methuen,
London, UK, 1972) 38
37 Gosta Carlsson, ‘The Role of Hypothesis in Sociological Research’, (1958) vol. 3,
No.1 Acta Sociologica, 8-18 at 12 <https://www.jstor.org/stable/4193474 > accessed
5 February 2023
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Legal Research Methodology
hypothesis (explorative, descriptive and historical research). But in
those researches, where hypothesis is well formulated, its results are
more genuine and true because it is tested scientically. Scientic
methods of research involves various steps, from identication of the
problem to enunciation of the theory. Collection and collation of the
data and formulation of hypothesis are those important process of
research on which results of the research would be based. Bhat (2019)
says that, “Constructive imagination and discernment show the way
out from the mass of classied data, just as the sculptor shapes as a
statute out of the material at his disposal”38. But when these scientic
methods applied to research of humanities, results are not accurate
and appreciable, because human behaviour is governed, regulated
and eected by such factors which are uncountable, uncontrolled at
one end and varies exceptionally and unexpectedly on the other end.
Though, law being normative science has scope of applying scientic
methods in legal research. That is why in last two decades emphasis
has been given to the empirical legal researches and socio-legal
researches. In such researches formulation of hypothesis acquires
considerable signicance.
38 P. Iswara Bhat, Idea and Methods of Legal Research (Oxford University Press 2019) 47