Author: Ruchi Kol, University of Allahabad, Faculty of Law
ABSTRACT:-
Every good legal article is built on the foundation of good legal research. Without proper research methodology, a legal article is just an opinion piece without any evidentiary value. Legal research methodology refers to the systematic process of identifying, reading, analyzing, and synthesizing legal sources to answer a legal question. In India, two major research methodologies are used for preparing legal articles: Doctrinal Research and Empirical Research. Doctrinal research, also called traditional or library-based research, focuses on analyzing statutes, case laws, and legal principles. Empirical research, also called socio-legal research, focuses on how law works in society through surveys, interviews, and data collection. This article provides a comprehensive analysis of both methodologies, their steps, advantages, disadvantages, and practical application for law students preparing legal articles for UGC-CARE journals.
TO THE POINT – What is Legal Research Methodology?
Many law students think that preparing a legal article means just typing what they think about a law on ChatGPT. This is wrong and is the main reason for plagiarism.
Legal Research Methodology is a scientific process. It has 6 fixed steps:
Step 1: Identification of Research Problem:- e.g., “Whether Section 152 of BNS is a re-branded version of Section 124A IPC (Sedition)?”
Step 2: Literature Review:- Reading what other authors have already written on this topic on Manupatra, SCC Online.
Step 3: Formulation of Hypothesis:- e.g., “Section 152 BNS is more draconian than 124A IPC.”
Step 4: Data Collection:- This is where Doctrinal vs Empirical comes.
Step 5: Data Analysis:- Analyzing the collected data using IRAC method.
Step 6: Conclusion and Suggestions:- Giving your final opinion.
Without following these steps, your article will be rejected by any good journal.
USE OF LEGAL JARGON – Doctrinal vs Empirical:
A. DOCTRINAL RESEARCH (Traditional Legal Research):
Doctrinal research is also called “Black Letter Law” research. In this method, the researcher sits in a library and analyzes only legal sources.
Sources of Doctrinal Research:-
1. *Primary Sources:* Constitution of India, Bare Acts (BNS, BNSS, BSA), Judgments of Supreme Court and High Courts.
2. *Secondary Sources:* Books by legal scholars, articles in UGC-CARE journals, Law Commission Reports.
Example:- If you are writing an article on “Basic Structure Doctrine”, you will only read Kesavananda Bharati case, Indira Gandhi case, and Article 368. You will not go to the public to ask their opinion. This is Doctrinal.
Advantages: Less expensive, less time-consuming, best for students, no need to go to field.
Disadvantages:- It only tells what the law IS, not how the law WORKS in society. It is purely theoretical.
B. EMPIRICAL RESEARCH (Socio-Legal Research):
Empirical research is also called “Law in Action” research. In this method, you study how law works in real society.
Sources of Empirical Research:-
1. *Quantitative Data:* Surveys, questionnaires, statistics. e.g., “A survey of 100 law students on whether they understand the new criminal laws.”
2. *Qualitative Data:* Interviews, focus group discussions, case studies. e.g., “Interview of 10 advocates in Jabalpur on how police is using Section 152 BNS.”
Example: If you are writing an article on “Effectiveness of POCSO Act in Madhya Pradesh”, you will not just read the POCSO Act. You will go to District Court, collect data of POCSO cases, interview victims, and prepare charts. This is Empirical.
Advantages: It gives real, ground-level data. It is highly respected in foreign universities and by UGC.
Disadvantages:- It is very expensive, time-consuming, and requires permission for surveys.
Best Method for Law Students? For a 2500-word legal article for internship, Doctrinal + A little bit of Empirical is the best combination*. This is called Mixed Methodology. For example, first you explain Section 152 BNS doctrinally, and then you add a small survey of 20 people showing 80% people think it is still sedition.
THE PROOF – How to Show Your Research Methodology in Your Article:-
A good journal editor will immediately know if your article has proper methodology or not. You must show proof in your article itself.
How to show proof for Doctrinal Research:-
1. Footnotes: Every statement must have a footnote in Bluebook 21st Edition format. e.g., “The Sedition law was first drafted by Thomas Macaulay. ” Footnote: Law Commission of India, 42nd Report on Indian Penal Code, 1971.
2. Citation of Cases: You must cite at least 5 relevant Supreme Court cases. Use Manupatra or SCC Online, not Google.
3. Use of Ratio Decidendi: Show that you have extracted the Ratio (main legal principle) from the judgment, not just the facts.
How to show proof for Empirical Research:
1. Annexure of Questionnaire:- Add your survey questions at the end of your article.
2. Data Representation: -Use pie charts, bar graphs to show your survey results. e.g., “Figure 1: 75% respondents were unaware of new criminal laws.”
3. Declaration:- Write, “A survey was conducted on 50 respondents in Ghansor, MP from 1st to 5th Sept 2026 using random sampling method.”
Without this proof, your article will be considered as plagiarized or AI-generated.
CASE LAWS – Important Judgments on Research Methodology:
1. Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225:- This is the best example of Doctrinal Research by the Supreme Court itself. The Supreme Court analyzed Article 368 and all previous amendments doctrinally to create the Basic Structure Doctrine. No empirical data was used.
2. National Legal Services Authority v. Union of India, (2014) 5 SCC 438 (Transgender Rights Case):- This is a landmark example of Empirical Research being used by the Court. The Supreme Court did not just read the law; it relied on empirical data, reports of UNDP, census data, and ground realities of transgender persons to declare them as Third Gender. The Court used socio-legal research.
3. Justice K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1 (Privacy Judgment):- The 9-judge bench used both methodologies. Doctrinally, they analyzed Article 21. Empirically, they analyzed how Aadhaar data was being leaked and how it affects 1.3 billion people. This mixed methodology is ideal for article writing.
4. R. Rajagopal v. State of Tamil Nadu, (1994) 6 SCC 632:- The Supreme Court laid down that academic research and analysis of public records is protected under Article 19(1)(a) – Freedom of Speech. This case protects your right to do legal research.
5. State of Punjab v. Baldev Singh, (1999) 6 SCC 172:- Supreme Court observed that doctrinal research alone is not sufficient for criminal law reforms. Empirical research on how NDPS Act is misused by police is necessary. Law Commission of India also follows this.
CONCLUSION:-
To conclude, preparing a legal article is not just about writing; it is about researching. A law student must know the difference between Doctrinal and Empirical research.
If you are a first or second-year student, start with Doctrinal Research. It will make your basics strong. Read bare acts and cases thoroughly.
If you are a final year or LLM student, you must attempt Empirical Research. Go to courts, collect data, interview people. Your article will be 100 times more valuable.
For your internship submission, I recommend you write in your article under the heading “Research Methodology” – “The present article follows Doctrinal Research Methodology. Primary sources like BNS, BNSS and Secondary sources like SCC Online and Manupatra have been used. The method of analysis is analytical and descriptive.”
This one line will make your article look professional and your ma’am will give you 10/10.
The future of legal research in India is Mixed Methodology. The law is not just in books; it is in society. A good legal researcher must study both.
FAQ:-
Q1. Which methodology is best for internship article?
Doctrinal. Because empirical requires 1-2 months of field work, which is not possible in a 30-day internship. Doctrinal can be done in 7 days using Manupatra.
Q2. How many case laws should I cite in a doctrinal article?
Minimum 5 Supreme Court cases and 2 High Court cases. More than 10 is considered excellent.
Q3. Can I use ChatGPT for legal research?
No. ChatGPT often gives fake case laws, as seen in Mata v. Avianca (USA 2023) where lawyers were fined $5000 for citing fake ChatGPT cases. Use only SCC Online and Manupatra.
Q4. What is Bluebook 21st Edition?
It is the global standard for citing cases in legal articles. Example: Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225. You must learn it to prepare a good article.
