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Writing An Effective Legal Research Proposal: Standard Synopsis Format for

Socio-Legal Research

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 ISSN.0973-3280

BANGALORE UNIVERSITY
LAW JOURNAL

UGC Approved, Peer-Reviewed

Peer Reviewed
and referred Journal

Vol: 13
3 No: 1
January
uary 2023
 EDITORIAL ADVISORY BOARD
Justice Dr.Shivraj V. Patil
Former Judge, Supreme Court of India, Bengaluru

Dr. R. Venkata Rao Prof. Manoj Kumar Sinha

Former Vice Chancellor Director, Indian Law Institute
National Law School of India University Bhagwandas Road, New Delhi 110001
Nagarabhavi, Bengaluru

Shri. Mohan V. Katarki Dr. K. M. H. Rayappa

Senior Advocate, Former Principal & Dean,
Supreme Court, New Delhi. University Law College,
Bangalore University, Bengaluru

Shri. Ravi Verma Kumar Smt. Pratibha Singh

Senior Advocate, Judge,
High Court of Karnataka, High Court of Delhi, New Delhi
Former Advocate General,
Karnataka.

Prof. Dr. K. C. Sunny Dr. G. B. Reddy

Vice Chancellor, Professor,
National University of Advanced Osmania University, Hyderabad
Legal Studies,
Kochi

Dr. David Ambrose

Former Professor and Head,
Department of Legal Studies,
Madras University, Chennai
 WRITING AN EFFECTIVE LEGAL RESEARCH PROPOSAL:
STANDARD SYNOPSIS FORMAT FOR SOCIO-LEGAL
RESEARCH
-Dr. M. Suresh Benajamin1
-Sayed Qudrat Hashimy2
Abstract
A research synopsis serves as a concise outline of a researcher r
thesis or research project, providing an overview of the research
problems, objectives, methodology, and data collection methods. It
is an essential step in the process of writing a thesis, research
article, or abstract, as it helps a researcher clarify a researcher r
research direction and identify any gaps or overlooked factors.
Developing a synopsis in consultation with a researcher r guide or
subject expert is crucial. By using clear and unambiguous language,
a well-prepared synopsis maintains focus, reduces the tediousness of
research work, and ensures comprehensive coverage of relevant
aspects. The specific format for writing a synopsis may vary between
research centers or disciplines, and it is important to adhere to the
guidelines provided by a researcher r Institute and Ph.D.
regulations. The complete synopsis typically ranges from 3000 to
4500 words, excluding appendices.

Keywords: Ph.D. Proposal, Ph.D Synopsis Research Synopsis and Research

Proposal

Introduction
Legal research involves the study of the principles of law and legal institutions.3 It
focuses on understanding and analysing the three main sources of law: legislation,
precedent (case law), and custom.4 These sources provide the foundation for legal
principles and rules. In addition to these primary sources, juristic writings serve as
a secondary source of law.5 The importance of juristic writings depends on whether
they are recognised and considered by courts, legislatures, or jurists in problem-

1
Professor of Law, Department of Studies in Law, University of Mysore
Email: [email protected]
2
Sayed Qudrat Hashimy, Research Scholar (Law), Department of Studies in Law,
University of Mysore, Email: [email protected]
3
Uwakwe Abugu, Legal Research Methodology and Applicable Procedures to Legal
Research in Nigeria.
4
IMPERATIVES FOR LEGAL EDUCATION RESEARCH: THEN, NOW AND TOMORROW, (Alex
Steel et al. eds., 2020).
5
Peng Wang, 1 Introduction: Socio-economic Studies of the Ma a .
 168 BANGALORE UNIVERSITY LAW JOURNAL 2023
solving.6 The content of these sources of law evolves and changes in response to
the evolving needs and requirements of society. Ignoring these changes in
interpreting the law can lead to the obsolescence of existing laws. The purpose of
law is to regulate human behavior in contemporary society.7 Therefore, legal
research should be directed towards examining the relationship between the legal
system and the world it aims to govern. This involves understanding how legal
principles are applied, interpreted, and adapted to the current social and cultural
context.8 By studying this relationship, legal researchers can contribute to the
development and improvement of the legal system, ensuring that it remains
relevant, just, and effective in addressing the needs and challenges of society.
Types of Legal Research
Legal research may be divided into two streams9
1. Doctrinal
2. Non-doctrinal
Non-doctrinal research can be qualitative or quantitative, while doctrinal is
qualitative since it does not involve statistical analysis of the data. A researcher
involved in doctrinal research must study the law in detail.10 Also, both types of
research may overlap to form a third category which may be a combination of both.
Research Design11
Research in legal and non-legal fields differ because in non-legal fields the
researcher has to demonstrate the relationship between his research and the prior
research, while in the legal field, they only have to show that what they are saying
is something new. Research in the legal field may be descriptive, explanatory or
exploratory depending on the research aims, objectives and many other factors.12

Descriptive Design
This kind of analysis of law sets forth the facts, the holdings, and the court’s
analysis of a case or of a series of cases in a given subject area without attempting
to offer an independent explanation of why the courts decided the cases as they did.
It is the study of the law as it is.13

6
HENRIIKKA MUSTAJOKI & ARTO MUSTAJOKI, A NEW APPROACH TO RESEARCH ETHICS:
USING GUIDED DIALOGUE TO STRENGTHEN RESEARCH COMMUNITIES (1 ed. 2017),
https://www.taylorfrancis.com/books/9781315545318 (last visited May 3, 2023).
7
T. J. Vanderweele & N. Staudt, Causal diagrams for empirical legal research: a
methodology for identifying causation, avoiding bias and interpreting results, 10 LAW
PROBAB. RISK 329 (2011).
8
Methodology in (Doctoral) Legal Research - Faculty of Law - University of
Amsterdam.
9
Different Types of Legal Research, 6 (2022).
10
Monageng Mogalakwe, The Use of Documentary Research Methods in Social Research
(2023).
11
IMPERATIVES FOR LEGAL EDUCATION RESEARCH, supra note 4.
12
Dr Atik Krustiyati, LEGAL RESEARCH AND LEGAL REASONING.
13
ROBERT ALEXY, LAW’S IDEAL DIMENSION (2021).
2023 BANGALORE UNIVERSITY LAW JOURNAL 169
Explanatory Design
The question of why the law is like this or that is answered using the explanatory
design as the finding can explain the reason for some occurrences and interpret
cause and effect.14

Exploratory Design
Exploratory research aims at gaining general information for the purpose of
defining the research topic, operationalising or explaining variables or aspects of
the topic, or generating hypotheses.15 Exploratory research is useful if the
researcher intends to gather preliminary information to define problems and
suggest hypotheses.

THE FORMAT OF A SYNOPSIS

Title
It should be short and self-explanatory. It should directly relate to the proposed
research problem and scope of the research work, for instance, “The impact of
lockdown on education due to COVID-19 pandemic: A Case Study of Karnataka.”
The “title” should be descriptive, direct, accurate, appropriate, interesting, concise,
precise, and unique, and not misleading. The title should be straightforward and
clear, capturing the essence of the content. It should be engaging and educational,
providing relevant scientific keywords for indexing. The title should be succinct,
accurate and highlight the main topic of the paper. It should avoid any misleading
or deceptive language, as well as being overly lengthy or cryptic. Additionally, it is
important to refrain from using whimsical or amusing words in the title.

Abstract
The abstract should state the problem, the primary objectives, theories if relevant
and the method and the scope of the study. It should give a clear idea about the
research work in 150 to 250 words. The “abstract” must be simple, specific, clear,
unbiased, honest, concise, precise, stand-alone, complete, scholarly, (preferably)
structured, and should not be misrepresentative. The abstract should be consistent
with the main text of the paper, especially after a revision is made to the paper and
should include the key message prominently.

Introduction
The researcher introduces the main theme with a brief background and highlights
the topic’s relevancy. For e.g, the main article is about the impact of the lockdown
on education in Karnataka; the introduction would be the reason for the lockdown,
the statute that empowers the government of India to declare lockdown, to whom it
affected, and the justification should also be included.

14
IMPERATIVES FOR LEGAL EDUCATION RESEARCH: THEN, NOW AND TOMORROW, (Alex
Steel et al. eds., 2020).
15
CHAPTER 5: Research Design and Methodology, (2023).
 170 BANGALORE UNIVERSITY LAW JOURNAL 2023
Statements of the research problem
Here, a researcher should write in detail the research problems in the form of a
statement rather than in the form of a question. The researcher have to show the
existence of the problem, how it is manifested, who involves, what roles the actors
play etc,. It should be based on a critical review of literature, knowledge available,
and research methods used and avoid describing the topic. In order to formulate
research problems, identify the relevant literature, read the relevant literature
critically, and present important approaches, conclusions or discussion of the
literature in an argumentative way logically.16
Selection of a Research Problem

These days research has become a costly affair, and there is also a serious shortage
of good, sincere and devoted researchers.17 Therefore, it is very much essential that
a problem should be very carefully selected. How to choose a research problem is
in itself a serious problem. It is not easy to select a problem because various factors
are required to be taken into consideration. A research problem should not be
borrowed but springs from the researcher’s mind like a plant springing from its
own seed.18 In the context of selecting a research problem, it is paramount to
understand what a research problem is. What are its components so on? The
research problem is a problem about which answer is unavailable in the existing
literature. If the answer is available, there is no need to undertake any research.
Because the object of study is to find out the best solution to a given problem.19 A
research problem is a problem which may concern to theory or practice but needs a
solution by way of scientific inquiry. A research problem is not a social problem.
There is a difference between a research problem and a social problem. A research
problem is defined by intellectual curiosity, while a social problem is determined
by the values of a group. A situation which is a problem for one group may not be
so for another. Thus, a research problem is a cognitive phenomenon, while a social
problem an evaluative one. This does not mean that a social problem cannot turn
into a research problem. A social problem may turn into a research problem once it
is so formulated by a researcher.20
Criteria for Selection of a research problem
Researcher's area of interest
A researcher should select a topic in which he is interested and has in-depth
knowledge or understanding. A problem which is rightly and rationally selected

16
Mathias M. Siems & Daithí Mac Síthigh, MAPPING LEGAL RESEARCH, 71 CAMB.
LAW J. 651 (2012).
17
MUSTAJOKI AND MUSTAJOKI, supra note 6.
18
CHAPTER 5: Research Design and Methodology, supra note 15.
19
AMANDA PERRY-KESSARIS, DOING SOCIOLEGAL RESEARCH IN DESIGN MODE (1 ed.
2021), https://www.taylorfrancis.com/books/9780367177683 (last visited May 3, 2023).
20
Laurens Walker & John Monahan, Social Facts: Scientific Methodology as Legal
Precedent, 76 CALIF. LAW REV. 877 (1988).
2023 BANGALORE UNIVERSITY LAW JOURNAL 171
solves half the problem. It creates interest and desire to proceed with work
methodically and systematically.21 He should possess a probing attitude, tenacity of
spirit and dedication. This three virtue would bring personal interest.

Significance of the topic

A researcher should select a topic which has social and legal relevance. Find out
stakeholders for whom the research outcome would ultimately be beneficial.22
Choose the topics like environmental issues, cyber crimes, IPRs, crimes against
women, women’s reproductive rights, labour reforms, judicial approach, securities
markets, investment policies, international trade and relations etc.

The novelty of the Idea

while selecting a research problem, care should be taken to see that the subject
which is identified or going to be researched has not already been explored. It is
neither too narrow nor too vague. There should be something new or novelty in the
selected topic. For the sake of novelty, a researcher should not take up
controversial issues for research. As far as possible, a research topic should be free
from controversy.

Researcher’s Resources
Resources of the researcher are intelligence, training, personal and educational
qualification, scholarship and other facilities such as funds, clerical and technical
assistance, library facilities, availability of time and administrator’s co-operation
etc.23

Time-bound program:
The researcher should not over-assess himself but rather keep his own limitations
in view. He should ensure the feasibility of timely completion of work with
available financial resources. The topic must be selected in such a way as to
complete the work within the prescribed period.

Availability of Literature
in the absence of data or literature, no research is possible. Examine whether the
literature relating to the topic is available in plenty. Find out primary and secondary

21
SISKA NOVIARISTANTI, CONTEMPORARY RESEARCH ON BUSINESS AND MANAGEMENT:
PROCEEDINGS OF THE INTERNATIONAL SEMINAR OF CONTEMPORARY RESEARCH ON
BUSINESS AND MANAGEMENT (ISCRBM 2020), 25-27 NOVEMBER 2020, SURABAYA,
INDONESIA (1 ed. 2021), https://www.taylorfrancis.com/books/9781003196013 (last
visited May 3, 2023).
22
CHAPTER 5: Research Design and Methodology, supra note 15.
23
ETHICS, ETHNOCENTRISM AND SOCIAL SCIENCE RESEARCH, (Divya Sharma ed., 1 Edition
ed. 2020).
 172 BANGALORE UNIVERSITY LAW JOURNAL 2023
data and first-hand information.24 Only with the help of data, its analysis and
interpretation can the hypothesis be tested, verified or confirmed or rejected.

Feasibility of the study

The researcher should never be in a hurry in choosing a problem. Need to spend a
considerable amount of time selecting a topic. Remember, research work is judged
not by its revolutionary findings and original discoveries but in terms of the
method of work and analysis of data.

Benefits of the Research

The results of research work should give intellectual satisfaction to the researcher.
He must get recognition for his work and publish his thesis and contribute to the
existing body of knowledge on the subject. Thus, 8 lamps were used for the
selection of a research problem.25 According to Goode and Hatt, the criteria for the
selection of a problem include:
a) The researcher’s personal interest;
b) Intellectual curiosity;
c) Practicability of research;
d) Researcher’s resources;
e) Expected outcomes and their importance for the implementation
Definition Of Research Problem
After selecting a problem worth researching, the researcher needs to define the
problem. This is the second step in the process of reflective thinking analysed by
John Dewey and Kelly and in fact the beginning of actual research work.26 The
definition of the problem means the separation of the problem from the complex of
difficulties. State the problems which are needed to be answered with precision,
ascertain the scope of the problem, objectives of the study and sources of collection
of data. To define a problem means putting a fence or boundaries around it with the
aim of seeking answers to the question. Components of the definition of the
problem:

Statement of Research Problem

State the research problem using declaratory sentences than interrogatory
sentences. Avoid writing direct questions and try to write in the form of a
statement. 27

Identify the scope and limitations of the study

Focus on only major issues and exclude some issues which are outside the purview
of the study.

24
Krustiyati, supra note 12.
25
Id.
26
Emilio Betti, Hermeneutics as a General Methodology of the Sciences of the Spirit.
27
Victoria Durant-Gonzalez, Evolution of a Research Methodology (2023).
2023 BANGALORE UNIVERSITY LAW JOURNAL 173
State the objectives of the study
Write the purpose for which the research is undertaken as to ascertain the historical
background of the topic……, find out the law dealing the research problem…..,
examine the provisions of the Act …., critically analyze case laws relating to the
topic…., to collect responses from the respondents concerning to the problem…..,
suggest reforming of law relating to the problem etc., The following may be taken
as objectives of legal research:28
i. to discover new facts;
ii. to test and verify old facts;
iii. to analyse the facts in new theoretical framework
iv. to examine the consequences of new facts or new principles of law; or judicial
decisions;
v. to develop new legal research tools or apply tools of other disciplines in the
area of law;
vi. to propound a new legal concept
vii. to analyse the law and legal institutions from the point of view of history;
viii. to examine the nature and scope of a new law or legal institution;
ix. to ascertain the merits and demerits of old laws or institutions and to give
suggestions for a new law or institution in place of an old one;
x. to ascertain the relationship between legislature and judiciary and to give
suggestions as to how one can assist the other in the discharge of one’s duties
and responsibilities; and
xi. to develop the principles of interpretation for critical examination of statutes.

Sources of Information
Describe various sources of information such as primary sources and secondary
sources and tools and techniques adopted for the collection of first-hand
information from respondents.29

The completion of a research project cannot be considered thorough unless the

relevant materials have been examined. However, the examination of relevant
materials is only possible once they have been collected and compiled. The
collection of relevant materials is a challenging and comprehensive task that
requires considerable energy, attention, and patience.

The collection of materials is influenced by the research design chosen by the

researcher, which, in turn, is typically determined by the answers to the following
questions:30

28
Mogalakwe, supra note 10.
29
Theory and Method in Comparative Research: Two Strategies, (2023).
30
JOHN H. HITCHCOCK & ANTHONY J. ONWUEGBUZIE, THE ROUTLEDGE HANDBOOK FOR
ADVANCING INTEGRATION IN MIXED METHODS RESEARCH (1 ed. 2022),
https://www.taylorfrancis.com/books/9780429432828 (last visited May 3, 2023).
 174 BANGALORE UNIVERSITY LAW JOURNAL 2023
1) What is the study about? This question pertains to the specific topic or subject
of the research.
2) Why is the study being conducted? Understanding the purpose and objectives of
the study helps guide the selection of relevant materials.
3) Where will the study be carried out? The location or setting of the research
plays a role in determining the availability and accessibility of relevant
materials.
4) What type of data is required? Identifying the specific data needed for the study
assists in narrowing down the relevant materials to be collected.
5) Where can the required data be found? This question addresses the potential
sources and locations where the relevant materials can be obtained, such as
databases, archives, literature, or fieldwork.
6) What periods of time will the study include? Determining the time frame or
historical context of the research guides the selection of materials from the
relevant time periods.
7) What technique of data collection will be relevant? Different research methods
and techniques, such as surveys, interviews, experiments, or observations, may
require specific types of materials to be collected.
8) How will the data be analysed? Considering the intended data analysis methods
helps in identifying the types of materials needed to support the analysis
process.
9) In what way will the report be prepared? This question relates to the format and
structure of the research report, which may influence the collection of materials
necessary to support the report's findings and conclusions.
Collection of Data
Legal research is conducted by advocates, law students, law researchers, law
librarians, and paralegals for various purposes. They rely on a variety of sources
ranging from printed books to free legal research websites, information portals, and
fee-based databases like LexisNexis, Westlaw, JSTOR, and Manupatra.31 Law
libraries worldwide play a crucial role in providing research services to assist their
patrons, including law students, law firms, and other research environments. Many
law libraries make legal information available online through their library websites,
offering access to legal resources in the public domain. A law library is a collection
of legal materials, including case laws, constitutions, legislations, legal articles,
reporting journals, parliamentary proceedings, legal monographs, treatises, judicial
and administrative decisions, and other legal resources.32 These materials are
available in both print and digital formats. Law libraries cater to specific users such
as law students, legal scholars, researchers, judges, advocates, parliamentarians,
and other legal specialists. In India, the information resources of a law library can
be classified accordingly.

31
Id.
32
Ahmed Gad Makhlouf, The Doctrinal Development of Contemporary Islamic Law:
Fiqh Academies as an Institutional Framework, 10 OXF. J. LAW RELIG. 464 (2022).
2023 BANGALORE UNIVERSITY LAW JOURNAL 175
Primary Materials
CONSTITUTION OF INDIA & OTHER NATIONS
LEGISLATION-INDIA
 India Code
 Gazette of India
 Acts of Parliaments
 Bills of Parliaments
 Local Laws of all States
LEGISLATION-FOREIGN
 U.S. Code
 United Kingdom Statutes
 Australia-Commonwealth Consolidated Acts
 Canada Consolidated Statutes
 CASE LAW33
INDIAN REPORTS
 Supreme Courts
 All India Reporters (1914 onwards)
 Supreme Court Reports (1950 onwards)
 Judgment Today (1980 onwards).
 SCALE (1970 onwards)
 Supreme Court Cases (1969 onwards)
 Indian Higher Courts
 All High Courts Reports
FOREIGN REPORTS
 U.S. Supreme Court Reports
 Supreme Court Reports-Canada
 Australian Law Reports
 Reports on Patents & Trademark Cases
 Law Reports of the Commonwealth
 All England Law Reports
 Weekly Law Reports
 Dominion Law Reports
 Federal Law Reporter
ACADEMIC JOURNALS
 Indian Journals
 Foreign Journals
Secondary Materials
LEGAL ENCYCLOPAEDIAS
 Halsbury’s Laws of England
 Halsbury’s Laws of India
 American Jurisprudence

33
Robert E Stake, The Case Study Method in Social Inquiry (1978).
 176 BANGALORE UNIVERSITY LAW JOURNAL 2023
 Forms & Precedents
 Words & Phrases
LEGAL DICTIONARIES
 Black’s Legal Dictionary
 Stroud’s Legal Dictionary
 Wharton’s Law Lexicon
 Aiyar’s Advanced Law Lexicon
DIGESTS
 Supreme Court Yearly Digest (SCC).
 A.I.R. Yearly Digest
 Supreme Court of India Nominal Index and comparative tables.
 High Courts Cases Digest
 Supreme Court Labour Digest
 Digest of Labour Law Cases
 Digest of Tax Cases
 Service Law Reporter Digest
 Index to Indian Legal Periodicals
 Index to Legal Periodicals & Books (1926 onwards)
Formulation Of Research Problems
Formulating a research problem is the first step of the reflective thinking process or
any scientific enquiry. Formulation means transforming an identified research
problem into a scientifically researchable problem or question. Research problem?
The term ‘problem’ derives from the Greek word ‘proballein’ which means ‘a
question proposed for solution; or a matter stated for examination/investigation’. A
research problem is a topic about which the researcher desires to investigate or
study whether descriptively or experimentally.34 It is a problematic phenomenon
which inspires a researcher to search for appropriate answer.

Formulation of the research problem

Conditions
a problem to be a research problem, it must satisfy the following conditions
a) it must be worth studying;
b) it must have social and legal relevance;
c) there must be facts needed for research;
d) it must lead to draw practical solutions to the issues;
e) it must be relevant to the current social and legal happenings or developments;
f) it must involve a limited scope of study;
g) it must be original;
h) it must be verifiable and testable ;
After identifying a research problem, the researcher must formulate or frame a
clear statement about what to do? For this purpose, the researcher needs to clear up

34
Walker and Monahan, supra note 20.
2023 BANGALORE UNIVERSITY LAW JOURNAL 177
confusion, ambiguity and overcome obstacle if any in the research issues.
However, it needs a brief review of the relevant literature without which it is very
difficult to know specific research problem.

Origin of a Research Problem

A research problem may originate from any sources such as;

Occurrence of felt difficulty or personal experience:

It is a common source of research ideas or topics. Based on inquisitive approach, a
researcher can draw from his experiences and come up with research topics for
instances rampant corruption , dowry death, lack of accountability and
transparency in the administration, employability of legal education etc.,

Observation of practical issues

Practical problem can be a source of research problem. Some current problem
faced by common people may attract the attention of a researcher, for instances-
the impact of lockdown due to COVID 19 on economy, trade, education, migrant
workers, poor and vulnerable people, production and manufacture sector, right to
privacy of infected persons during quarantine period, increase in the number of
cases of domestic violence against women or men; role of WHO in preventing
corona pandemic, international trade and relations and so on.

Unanswered question in the past research

Past research can be an excellent source of research ideas. A researcher who reads
a previous research may come across unanswered questions which he may wish to
answer. If a researcher identifies certain research gaps left out in the previous
research, it will be a topic for further research. Reading books, newspapers,
journals or reports covering current problems may be a source of new research.

Research funding agencies

Research funding agencies often identify areas for research. Any researcher who
has interest on the areas identified may take up a research project. U.G.C. often
funds research on important areas requiring research.

Discussion, Interaction and consultation

Sometimes research guide may suggest important areas where research may be
undertaken. However, the researcher must familiarize himself with the problem and
the topic must ignite in him curiosity to do research. In the course of discussion in
the classroom or interaction with the teacher or students may result in a problem
research.

New developments
new social or legal problem may pave the way for new opportunities for legal
research, for instances, declaration of lockdown under the Disaster Management
178 BANGALORE UNIVERSITY LAW JOURNAL 2023
Act 2005, restrictions on freedoms of individuals and non availability of essential
commodities and services, and role of courts in safeguarding justice, liberty, and
equality enshrined in the Constitution, powers and functions of the European
Community as regards corona pandemic in European countries etc.

Objectives of the Study

identify the objective for which the proposed research being undertaken e.g. to
evaluate the measures initiated by the central government to prevent the spread of
COVID 19; to analyze the impact of COVID 19 on the education sector in
Karnataka;to examine the role of the judiciary in deciding PILs filed in view of the
lockdown; to assess the initiatives taken by the educational institutes to conduct
online classes and examinations etc.,

Significance of the Study

The outcome of the study will be beneficial to the legislature to enact new or
reform the existing law dealing with the issue of lockdown; to executive authorities
to implement the law (e.g. Disaster Manage Act) in an effective way; to the
judiciary to follow a consistent approach in dealing with cases relating to lockdown
and its impact on educational institutions. Besides this, the research work will be
beneficial for academicians, students, lawyers, judges, NGOs, and general
members of the public.

Scope and Limitations of the Study

the lockdown has impacted on migrant workers, employment /job, essential
commodities, production and manufacture, poor and vulnerable people, daily wage
workers, stock markets and so on. However, the current study is confined to
examining the impact of lockdown on educational institutions with special
reference to Karnataka.

Formulation of Hypothesis/es:
Hypothesis is the prediction of the outcomes of the study. It is very useful to
resolve the research problem. It is derived from theory, experience or knowledge
concerning contextual factors. For instance, on the impact of lockdown, the
hypothesis may be formulated as.. the current lockdown due to COVID-19 has
changed the academic session and given an opportunity to explore the new of
method teaching and web materials with the help of Information Communication
Technology.

Hypothesis
Once the problem to be answered is formulated, the derivation of hypothesis is the
most important step in the reflective thinking process analyzed by John Dewey and
Kelly. The formulation of hypothesis is possible only after the researcher prepares
a research design to carry out the research. ‘theory’ , ‘fact’ and ‘hypothesis’ are
interwoven. ‘Theory’ means speculation i.e. something created by the philosophers
2023 BANGALORE UNIVERSITY LAW JOURNAL 179
or thinkers. Once speculation is proved with the help of evidence, theory becomes
fact. ‘Fact’ connotes observation i.e. empirically verifiable observation. Theory
summarizes facts, states logical relationship between facts and predicts facts.
Similarly, facts help to initiate theories, reformulates existing theory, they change
the focus and orientation of theory, classify and re define theory. Thus, we cannot
think of facts and theory as being contrary, rather, they are inter related in many
complex ways. Without theory science cannot make prediction. Without prediction
there would be no result in research. Theory is an elaboration of ‘hypothesis’ which
deals with different types of facts. From this theory emerges hypothesis or
propositions that may be true.

Meaning of Hypothesis
Concept of ‘hypothesis’ comprises two words ‘hypo’ which means ‘less than’ or
‘under’ and ‘thesis’ means ‘ idea’ or ‘opinion’ to be defended by a person.
Hypothesis is “an idea which has less value than the generally accepted view”. In a
simple sense, a hypothesis is a tentative assumption drawn from knowledge and
theory which is used as a guide in the investigation of facts or theories which are
yet unknown. It is a guess, supposition or tentative inference as to the existence of
some phenomenon which explains or answers facts unknown in the area of
research and guides the search for new truth. Take, for instance, if a researcher
want to go towards some destination for which a researcher do not know the route
or find out some solutions to the problem, a researcher will try to form an idea or
infer some idea by trial and error method, and finally, a researcher succeed in
getting the answer. This idea is called “hypothesis”. It is a tentative solution to the
problem and theory as it needs to be supported by evidence. It is a reasonable guess
based on the available evidence. It is a proposition, condition, or principle which is
assumed in order to draw out its logical consequences. (Webster’s Dictionary).

Definition of Hypothesis
There are many definitions of a hypothesis. “It is a conjectural statement of the
relationship between two or more variables” (Kerlinger). It is a “tentative statement
about something validity of which is usually unknown”(Black A James). It is a
“proposition which can be put to the test to determine its validity”. (Goode and
Hatt). It is a “tentative generalisation, the validity of which is subject to test with
data or evidence”(Lundberg). From all the above definitions, it is apparent 3
elements- it is a tentative proposition; it specifies a relationship between two or
more variables, and its validity is subject to verification.

Importance/role or need of Hypothesis

The hypothesis has very important role in research work, although it occupies a
little space in the body of the research report. It is impossible for a research scholar
to go ahead with his work without the formulation of a hypothesis. Whether it is
proven right or wrong or whatever may be the outcome of the research, the
 180 BANGALORE UNIVERSITY LAW JOURNAL 2023
hypothesis suggests some kind of answer to the question. Science refuse to accept
any statement without its empirical verification.

Direction to research.
With the help of a hypothesis, a researcher can find out what is relevant or what is
irrelevant. As a result, it prevents to review of irrelevant literature and the
collection of unnecessary or excess data. It ensures the collection of data required
to answer the question raised in the statement of the problem.

Procedures and methods.

It enables the researcher to clarify the research problem and its ramifications as
well as data to be collected and appropriate techniques, procedures and methods to
be adopted in solving the problem.35

Differentiate between fruitful and fruitless results.

It guides the researcher as to the thinking process and the discovery process. It
spells the difference between precision and haphazardness, between fruitful and
fruitless results.

Drawing Conclusions.
Hypothesis helps the researcher to make an interpretation of data in the light of a
tentative proposition or provisional guess and draw conclusions in a meaningful
way. e) Objectivity in the study.- As a hypothesis provides for a research focus, the
construction and interpretation of the hypothesis increase objectivity in research
work.36 Where the researcher maintains objectivity, the researcher will be able to
specifically conclude what is true or what is false
Sources of Hypothesis
Intuition
Sometimes the researcher thinks that certain phenomena are correlated. This
doubtful correlation makes the investigator to draw a hypothesis and conduct a
study to see whether his suspicions are confirmed. For instance, assume poverty is
the cause of corruption. It is formulated on the basis of logical deduction. Predicts
if public servants are educated with moral values and provided higher pay scale,
corruption can be eliminated. It serves a guide to determine what kind of data must
be collected in order to answer the problem as to prevent corruption among the
public servants. 37

35
Karri A. Holley & Julia Colyar, Rethinking Texts: Narrative and the Construction of
Qualitative Research, 38 EDUC. RES. 680 (2009).
36
Rajeev Dhavan, Legal Research in India: The Role of the Indian Law Institute, 34 AM.
J. COMP. LAW 527 (1986).
37
P. Ishwara Bhat, Methodology of Feminist Legal Research, in IDEA AND METHODS OF
LEGAL RESEARCH 556 (2020), https://academic.oup.com/book/41749/chapter/
354163749 (last visited May 3, 2023).
2023 BANGALORE UNIVERSITY LAW JOURNAL 181
Previous Research
Hypotheses are often inspired by the findings of earlier studies. It simplifies the
task of formulating hypotheses. A researcher can plan what kind of data to gather
and how to analyze them. If someone had done the work on farmers
suicide/unemployment/reservation on income basis/refugees problems/climate
change etc, a researcher can get the idea about formulation of hypothesis on the
research problem.

Personal Experience
The hypothesis can also be formulated according to the way in which the
researcher reacts to culture, science and analogy. A researcher may experience
some behaviour patterns in a researcher r daily life and formulate hypotheses
accordingly e.g. Domestic violence/ dowry death/child marriage/family property
dispute etc.

Cultural values of society

Culture prevalent in society helps to formulate hypotheses. American culture, for
instance, emphasises individualism, competition and equality, while Indian culture
emphasis tradition, caste system, collectivism, karma and unattachment. Indian
cultural values enable the researcher to test hypotheses on divorce, caste in
elections etc.,

Discussion and conversations

Random observations during discussions and conversations and reflections on life
as a person throw light on events and issues. Sometimes, a researcher may get an
idea of a hypothesis out of a researcher r own lay beliefs.

Formulation of Hypothesis
Process hypothesis indicates the need to change law and the legal system by
providing new knowledge. It is the first step in the direction of the establishment of
abstract principles. If empirical evidence is available to verify the hypothesis, it
suggests a theory that explains and predicts events.

Observation
Observation is the first stage of formulating a hypothesis. Observe a phenomenon,
its growth and diverse dimensions.

Deduction or Induction
In deductive thinking, the process goes from general to specific. This process
begins with a general hypothesis and proceeds towards specific hypothesis.
 182 BANGALORE UNIVERSITY LAW JOURNAL 2023
Induction is a process which goes from specific to general. It begins with data and
observations and proceeds towards hypotheses or theories.38

Verification
This is the last stage in which a researcher test a hypothesis to solve the problem.
A researcher cannot test a problem because it is a question of a broader nature and
not testable.

Declarative sentences
A hypothesis should be stated in the form of declarative sentences and not in the
form of interrogative sentences. It should be a simple statement which should be
neither too general nor too vague.39 The terminology used should be commonly
accepted and understood. It should not be misleading and confusing. Generally,
keen observation, creative thinking, hunch, imagination, vision, insight and sound
judgment are of greater importance in setting up a reasonable hypothesis.

Difficulties in the formulation of the hypothesis

The primary problems on the road to formulating useful hypotheses are three. First,
the absence of knowledge of a clear theoretical framework. Second, is the lack of
ability to utilise that theoretical framework logically. Third is the failure to be
acquainted with available research techniques so as to be able to phrase the
hypotheses properly. Proper formulation of theory depends on the amount of
information a researcher know about the phenomenon.

Characteristics of a Good Hypothesis

If the hypothesis is rightly stated and scientifically formulated, it would help the
researcher to proceed to the correct line of study and succeed in drawing proper
conclusions. A good hypothesis is testable and must be based directly on existing
data. It is useful to discuss the characteristics because that will enable a researcher
to construct a useful or workable hypothesis.

Conceptually clarity
A hypothesis should be conceptually clear. It should consist of concepts which are
understandable and clearly defined. Clarity may be achieved by using clear
concepts in the hypothesis. For this purpose, two things are necessary. Firstly, the
definitions and terms that are used in the hypothesis should be those which are
commonly accepted terms and not a researcher’s own creations. Secondly, if new

38
Khushal Vibhute, Prepared under the Sponsorship of the Justice and Legal System
Research Institute.
39
Ana Julia Aliverti, Researching Gender Violence: Feminist Methodology in Action.
Edited by Tina Skinner, Marianne Hester and Ellen Malos (Devon: Willan Publishing,
2005, 240pp. £40.00 hb), 45 BR. J. CRIMINOL. 983 (2005).
2023 BANGALORE UNIVERSITY LAW JOURNAL 183
terms are used, their meaning and definition should be very clear. A thorough
understanding of the concerned subject is necessary.

Specificity
There should not be any ambiguity in the construction of a hypothesis because
ambiguity will make the verification of the hypothesis impossible. It should be
specific and explain the relations between variables and concepts. For instance,
regarding settling industrial disputes, “if collective bargaining technique is used
effectively and efficaciously, it is easy to maintain industrial peace.”

Testability
A hypothesis should be testable and should not be moral judgment. There should
be empirical evidence to test its validity. Methods and techniques must be available
for data collection and analysis. There is no point in formulating a hypothesis if it
cannot be subjected to verification. Statements like “capitalists exploit their
workmen” or jogging good for health etc., are common generalizations and cannot
be tested as they are merely express sentiments and their concepts are vague.

Availability of techniques:
The hypothesis should be related to available techniques. Otherwise, it is not
researchable. The researcher must ensure that methods and techniques are available
for testing the proposed hypothesis.

Related to a body of knowledge

The hypothesis should be related to a body of theory or some theoretical
orientation. If the hypothesis is associated with some theory, research will help to
improve quality, support, correct or refute the theory. Research predicts; therefore,
a good hypothesis has the power of prediction.

Classification of Hypothesis
It is true that the hypothesis is useful, and it leads research in its proper direction.
The importance of significance cannot be ignored and overlooked in any scientific
research. In fact, it is the very foundation of scientific research. A good hypothesis
which is clear, simple and scientific makes the inquiry more specific to the point.
Without a hypothesis, research is unfocused and random empirical wandering. A
hypothesis about the cause is descriptive, whereas a hypothesis about the law is
more meaningful. Broadly, hypotheses can be classified into various categories:

Descriptive hypotheses
These hypotheses describe, delineate or give an account of the various
characteristics of an object by closely observing what it is e.g. trade unions in India
are weak bargaining agencies, more interested in national politics.
 184 BANGALORE UNIVERSITY LAW JOURNAL 2023
Relational Hypotheses
these are propositions which describe the relationship between two variables e.g.
Upper-class people have higher education than lower-class people.40

Working hypotheses
The working hypothesis is based on the preliminary assumption of the researcher
about the research topic. After formulating a working hypothesis, by collecting
some preliminary data, a researcher can modify his hypothesis.41 It is suitable in the
field of law, particularly corporate law. For instance, initially, a researcher can
formulate a hypothesis such as “the liberalisation policies of nineties lead to
mergers and acquisition undertakings in India”, after collection of some data, a
hypothesis can be modified as “the liberalisation policies of nineties lead to cross
border mergers and acquisitions in India.”

Null hypotheses
It means that there is zero or no relationships. It is similar to the legal principle that
“ no man can be punished until his guilt is proved with the help of cogent
evidence” or in other words, “a man is innocent until he is proven guilty.” It is an
empty hypothesis as it believes to be false. Its rejection helps to accept the
alternative hypothesis, and its acceptance, reject the alternative hypothesis. Here,
the researcher is slightly biased towards the null hypothesis. Because the researcher
formulates the null hypothesis strictly for the purpose of dismissing it.

Statistical Hypotheses
It is a statement about the statistical population one seeks to support or refute. It is
quantitative in nature and numerically measurable e.g. Group A is richer than
Group B. Beside these, there are other types of hypotheses such as common sense
hypothesis, complex hypothesis, analytical hypothesis etc.,

Testing of the Hypothesis

Hypotheses are provisional propositions or mere tentative statements predicting
possible answers to the problem. Hypotheses should not be considered as facts
because, science does not accept anything as valid knowledge unless its validity is
tested through the research process. What should be the attitude of the researcher in
testing the hypothesis? The researcher should not start to prove his hypothesis. He
should try it by adopting appropriate scientific procedures and accept the result in
the true spirit of inquiry. He should have open mind to accept the result whether
positive or negative. He should not defend his hypothesis when data prove the

40
J. W. Heyink & Tj. Tymstra, The function of qualitative research, 29 SOC. INDIC. RES.
291 (1993).
41
ROUTLEDGE INTERNATIONAL HANDBOOK OF SEX INDUSTRY RESEARCH, (Susan Dewey,
Isabel Crowhurst, & Chimaraoke Izugbara eds., 1 ed. 2018), https://www.taylor
francis.com/books/9781351133906 (last visited May 3, 2023).
2023 BANGALORE UNIVERSITY LAW JOURNAL 185
contrary. In the area of empirical research, the researcher tests his hypothesis after
analysis and interpretation of the data collected from the case study/
observation/sampling/ interview etc,. In case of doctrinal research, the aforesaid
techniques do not play any role in testing of the hypothesis. But, the researcher has
to put his hypothesis for argument and discussion and show the evidence before
arriving at a conclusion. There are two means of arriving at a logical conclusion in
hypothesis testing. First, gather all the required data, keeping in view important
points in the hypothesis. Second, analysis and interpretation of data systematically
and examination to find out how far the data and hypotheses are commensurate. If
there is no discrepancy between the two, the hypothesis is proved correct, and the
result is ‘affirmative.’ Even if there is some discrepancy, a researcher removes it
with the reformulation of the hypothesis and rearrangement of data. A researcher
has to do the needful. Contrarily, if data do not support hypothesised expectations,
then reject it because the hypothesis is disproved and the result is ‘negative’. A
rejected hypothesis may be replaced with an alternative one because a hypothesis is
not worth accepting unless the facts or data justify it.

Research Methodology
A research work needs a methodology to draw conclusions in relation to the
problems and overall objectives. A researcher should specify what research
methodology is chosen to fulfil the research objectives.42 It is not necessary to
elaborate various types of research methodology, but justify how a particular
methodology is suitable to discuss research issues and achieve specific research
objectives. For example, a researcher state, there are two type of legal research
methodology such as doctrinal legal research methodology and non doctrinal legal
research methodology. The former involves the careful analysis of both the
relevant case law and a detailed consideration of the relevant statute, while, the
latter involves the empirical study of educational institutions within the State of
Karnataka.

Sources of Information
Here, it is relevant to mention data collection methods. It should be specific and
realistic as much as possible. It should be clear that the selected methods are
appropriate and suitable for achieving the objective. The researcher has relied upon
primary sources and secondary sources. The primary source includes statute laws,
case laws, delegated legislations, rules and regulations issued by the authorities,
while, the secondary source includes, text books, journals, periodicals, reports and
e- materials.43 The researcher has also chosen observation, interview and
questionnaire as techniques and tools for the purpose of extracting original and
first-hand information from the respondents who are randomly selected from four
divisions in the state of Karnataka.

42
E Madalina Busuioc, 4 4 Methodology: Behind the Research Scenes.
43
Durant-Gonzalez, supra note 27.
 186 BANGALORE UNIVERSITY LAW JOURNAL 2023
Review of literature
Here, a researcher reviews the literature like books, articles and reports etc., and
finds out the research gap in the existing body of knowledge. What is known to a
researcher and what is to be known, what happened, and finally, how to bridge this
gap?44

Conceptual Clarification
It is necessary to clarify the meaning and definition of words and concepts which
are often mentioned in the research work.45 For instance, meaning and definition of
‘lock down, disaster/ calamity, educational institution, epidemic disease, disaster
management plan, local authority etc.

Characterisation
Devise the chapter based on the research problems and objectives
Chapter 1: Introduction
Chapter 2: Historical Background
Chapter 3: discuss core issues
Chapter 4: discuss core issues
Chapter 5: discuss core issues
Chapter 6: empirical study (if any)
Chapter 7: Conclusion and suggestions

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