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POSITIONING CONTEMPORARY LEGAL RESEARCH IN THE LAW REFORM PROCESS: A REVIEW OF AGENTS AND METHODOLOGY
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Author(s):
DR. GHULAM YAZDANI,MR. ABHISHEK GUPTA
Vol - 10, Issue- 12 ,
Page(s) : 151 - 168
(2019 )
DOI : https://doi.org/10.32804/IRJMSH
Abstract
In recent years, the role and utility of research in the contemporary academic curriculum has become rather pronounced. With the fast pacing developments in the field of science, information and communication technology, it has become imperative to undertake scientific analysis of facts and problems in order to draw conclusions and suggest solutions. The same proposition holds true for law as well. The law is a dynamic phenomenon, with organic existence. It feeds on societal support, evolves and reforms with the changing notions of society. Therefore, law reform is a crucial and integral part of this cycle. But the relevant question is not the quantitative approach towards law reform which focusses on a numerical figure of laws and policies passed by the State to implement reforms. Rather, it is the qualitative approach to the law reform process, which engages with the problem at hand in a systematic way, backed by comprehensive research inputs. The present paper is an attempt to study the positioning of the legal research in the process of law reforms. The paper shall undertake to study the meaning and purpose of law reform. Thereafter proceed to identify the agents of legal research who contribute to the law reform process, while also highlighting their respective limitations. Lastly, the paper shall review the models of legal research and delve into their overall utility in the law-making process.
- A. Melville, “Conducting Law Reform Research: A Comparative Perspective” 28 German Journal of Law and Society (2007) 155.
- Abhishek Gupta, “Decoding Deterrence: A Critique of the Criminal Law (Amendment) Act, 2018” Summer Issue ILI Law Review 137 (2018).
- A Freiberg, W.G. Carson, “The Limits to Evidence-Based Policy: Evidence, Emotion and Criminal Justice” 69, Australian Journal of Public Administration (2010) 154.
- Supra note 2.
- P.M. Bakshi, “Legal Research and Law Reform” in S.K. Verma, M. Afzal Wani (eds.), Legal Research and Methodology 111 (Indian Law Institute, 2001).
- Ibid.
- See, Gazette of India, Ministry of Law & Justice (Legislative Affairs) Resolution No. 1 (42) 2004/Leg-1 (date of resolution April 8, 2011) available at: http://egazette.nic.in/(S(xougn2ztyrhjz32cymap1myz))/Enhanced Search.aspx. (Last visited on April 20, 2018). Also see, Jan Lokpal Bill, 2011 available at: http://www.prsindia. org/administrator/uploads/media/Lokpal/DraftJanLokpalBill.pdf (Last visited on Dec 18, 2019).
- See, Aruna Roy and the MKSS Collective, The RTI Story; Power to the People by Aruna Roy with the MKSS Collective, Hindustan Times, April 13, 2018.
- See, available at: http://prsindia.org/lamp (last visited on Dec. 22, 2019).
See, available at: http://www.darc.dtu.ac.in/ (last visited on Dec. 22, 2019).
See, S.R. Myneni, Legal Research Methodology 115 (Allahabad Law Agency, Faridabad, 2009).
Justice A.R. Lakshmanan, “Law Commission of India a Need for Statutory Status”, 5 MJL 124 (2007).
See, Reports of Law Commission, available at: http://www.lawcommissionofindia.nic.in/main.htm (last visited on Dec 24, 2019).
Law Commission of India, 172nd Report on Review of Rape Laws, (March, 2000).
AIR 2004 SC 3566.
S.L. Sharma, “Status of Research on Legal Profession in India,” in S.K. Verma, M. Afzal Wani (eds.), Legal Research and Methodology 184, (Indian Law Institute, 2001).
Available at: http://ili.ac.in/profile.html (last visited on Dec. 24, 2019).
Rajeev Dhavan, “Means Motives and Opportunities: Reflecting on Legal Research in India” 50, The Modern Law Review 725–749
Upendra Baxi, “Socio Legal Research in India” in S.K. Verma, M. Afzal Wani (eds.), Legal Research and Methodology 633, (Indian Law Institute, 2001).
Ibid
S.R. Myneni, Legal Research Methodology 115 (Allahabad Law Agency, Faridabad, 2009).
P. Saravanavel, Research Methodology 65 (Kitab Mahal Publishers, New Delhi, 2013).
W.C. Booth, G.G. Colomb et. al., The Craft of Research (University of Chicago Press, Chicago, 1995).
The Constitution (One Hundred and First Amendment) Act, 2016.
The Central Goods and Services Tax Act, 2017 (Act 12 of 2017).
Standing Committee on Finance, 73rdon the Constitution (One Hundred Fifteenth Amendment) Bill, 2011 (August 2013).
Rajya Sabha Select Committee, Report on the Constitution (One Hundred Twenty Second Amendment) Bill, 2014 (July 2015).
See, GST 17 Year timeline, available at: https://www.thehindubusinessline.com/economy/gsts-17year-timeline/article9743284.ece (last visited on Dec 24, 2019).
Supra note 21 at 117
Schlesinger, the Common Core of Legal Systems-an Emerging Subject of Comparative Study, in Tune, Comparative Law, Peace and Justice (1961), cited in W J Wagner, Research in Comparative Law: Some Theoretical Considerations, in Ralph A Newman (ed), Essays in Jurisprudence in Honor of Roscoe Pound (the Boobs-Merrill, Indianapolis, New York, 1962) 511 at 527.
Khushal Vibhute, Filipos Aynalem, Legal Research Methods: Teaching Material 107 (Justice and Legal System Research Institute, 2009).
Id. at 107-108.
Id. at 108.
Supra note 12 at 127.
Ibid.
Supra note 22 at 358. Saravanavel
See generally, Justice J.S.Verma, Justice Leila Seth, et.al., Report of the Committee on Amendments to Criminal Law (2013); National Crime Records Bureau, Report on Crime in India 2013 (Ministry of Home Affairs, 2013); Parliamentary Standing Committee on Home Affairs, 167th Report on the Criminal Law (Amendment) Bill, 2012 (Rajya Sabha, Parliament of India, 2012).
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