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Legal Research Guide

A practical guide to legal research in India — for advocates, students, and professionals.

The Five-Step Legal Research Method

1

Define the Legal Issue

Identify and isolate the precise legal question. Avoid broad questions — instead of "can I sue?", ask "does the limitation period under Section 3 of the Limitation Act 1963 apply to a suit for specific performance?"

Tip: Write the issue as a yes/no or either/or question before you search. This keeps your research focused.
2

Identify the Applicable Law

Determine whether the issue is governed by a central Act, state legislation, subordinate legislation (rules/regulations), or common law principles. For constitutional questions, identify the relevant Article and its interpretation by the Supreme Court.

Check: Is there a specific statute? Is the matter in the Concurrent List, State List, or Union List? Does a special law override the general law (lex specialis)?

3

Search for Case Law

Start with the Supreme Court — its binding precedent (Article 141) governs all courts. Then look at the relevant High Court for your jurisdiction. Use:

  • SCC (Supreme Court Cases) — the most authoritative reporter
  • AIR (All India Reporter) — extensive coverage since 1914
  • Court-specific reporters (Bom LR, Mad LJ, etc.)
  • Orjur AI search — fastest for keyword and section-based research
Tip: A five-judge bench overrules a three-judge bench, which overrules a division bench. Always find the largest and most recent bench on point.
4

Verify and Distinguish

Check whether a case is still good law: Has it been overruled, distinguished, or limited by a later judgment? Read the case in full — a headnote alone is not sufficient. Note the ratio decidendi (binding) versus obiter dicta (persuasive only).

Tip: Ask Lex: "Has [case name] been overruled or distinguished?" — Lex will surface subsequent treatment in its knowledge base.
5

Synthesise and Apply

Arrange cases chronologically and by court hierarchy. Identify the governing principle, note any conflicting bench views, and apply the principle to your facts. For arguments, lead with the largest bench and most recent Supreme Court decision on point.

Types of Authority

Binding

Supreme Court on all courts (Art. 141); High Court on all subordinate courts in its jurisdiction

Persuasive

Another High Court; Privy Council; UK House of Lords; other common law jurisdictions

Persuasive only

Obiter dicta; single-judge overruled by division bench; old unreported orders

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