Chapter 3- Research Methodology 3.1 Introduction The aim of the present chapter is to explain about the research methodology that was used for this research. It begins with the utilization of the research strategy outline, and it helps in describing about different research methods.this chapter explains the design of the study for the thesis: how data were collected, issues taken into consideration and challenges faced in accessing data. 3.2 Research Design In order to develop interdisciplinary research, the socio-legal study has stemmed from the schools teaching law. This research discipline is viewed as subdiscipline, upcoming research field, or an approach. 108 Sociology and other associated social sciences are used in this type of research study for the purpose of collecting the data for the study alone and they cannot be utilized for the analysis. The important step in any research is the research design in which the limitations of the research like resources and time and idea on data collection are found out. The research design is the structuring of the study and data collection methods by means of which the objectives of the study can be reached. 109 For the purpose of collecting the needed data, appropriate method must be chosen to reach the research objective. The research approaches are classified into two methods 108 PA Thomas, Introduction in Legal Frontiers. Ed. PA Thomas, vols. (Aldershot, England: Dartmouth press, 1996). 109 M. Easterby-Smith, R. Thorpe, and A. Lowe, Management Research: An Introduction, vols. (London: Sage Publications, 2002).P.84 44
qualitative and quantitative. 110 Qualitative approach is an approach, per Merriam 111, in which the perceptions of various people are taken into account, which mean distinctively as per the individuals experiences. Moreover, qualitative approach pertains to non-numerical data. 112 On the other hand, quantitative approach is a research method that pertains to the numerical data, per Creswell. 113 3.3 Nature of the Study The use of qualitative approach to study corruption was based on the following considerations: The first was on the proof that quantitative methodology, like direct surveys, is unlikely to undo the complexity of corruption. 114,115 This is because scholars say that corruption is better understood in a specific context that takes into consideration socio-economic and political aspects of the society under study. As Blundo and Oliver de Sardan 116 explains this: Qualitative studies are necessary [in studying corruption to] make it possible to demonstrate the action logics of the actors involved, the description of corrupt processes and the associated 110 J.W. Creswell, Research Design: Qualitative and Quantitative Approaches, vols. (Thousand Oaks, CA: Sage Publications, 1994); S. Bell, Learning with information Systems: Learning Cycles in Information Systems Development, vols. (New York: Routledge, 1996); K. F. Punch, Introduction to social research: quantitative and qualitative approaches, vols., 2nd ed. (London: SAGE Publications Ltd, 2005). 111 S. B Merriam, Qualitative research: a guide to deisgn and implemenation, vols. (San Fransico: Jossey-Bass, 2009). 112 M. Saunders, P. Lewis, and A. Thornhill, Research Methods for Business Students, vols., 5th ed. (Harlow, United Kingdom: FT Prentice Hall, 2009), Available: https://books.google.co.in/books?id=utxtfacfiec&source=gbs_book_other_versions. 113 J.W. Creswell, Research Design: Qualitative, Quantitative and Mixed Methods Approaches, vols., 3rd ed. (South Asia: SAGE Publications India Private Limited, 2011). 114 Daniel Treisman, The causes of corruption: a cross-national study Journal of Public Economics. 76.3 (2000): 399 457, Available: http://linkinghub.elsevier.com/retrieve/pii/s0047272799000924. 115 Blundo and Olivier de Sardan, Why should we study everyday corruption and how should we go about it? in Everyday Corruption and the State: Citizens and Public Officials in Africa. Ed. Blundo and Olivier de Sardan, vols. (Zed Books, 2006). 116 Ibid.pp. 11-12 45
techniques, the analysis of the popular representations and forms of justification and condemnation associated with corruption. Qualitative study is the most useful methodology when a social phenomenon must be analysed because by qualitative approach, the manner in which the social world functions and the perceptions of the society can be found out. 117 As the present study involves a socio-legal research, the study design of this research belongs to the qualitative methodology to explore the research questions: Are legislative and administrative measures in India effective in India to combat corruption in public offices? 3.4 Research philosophy This research is based on the interpretive approach. The aim of any research is to add to the existing knowledge of the world. There is another approach called the positivist approach. The interpretive approach is the opposite of the positivist approach. Equivalence between the social and natural world can be obtained from the positivist approach and by means of direct scientific and objective enquiry, both can be understood. By positivism, the behaviour of the human beings can be measured objectively and by finding the correlation between the events, the causal explanation can be understood. 118 On the other hand, the objective social reality free of any value is excluded by the interpretive approach. Interpretive approaches seek to understand social behaviours by looking to the actor s intentions and motivations, and to the social rules and conventions that shape 117 Beverley Hancock, Elizabeth Ockleford, and Kate Windridge, An Introduction to Qualitative Research, vols., 2009, Available: https://www.rds-yh.nihr.ac.uk/wpcontent/uploads/2013/05/5_introduction-to-qualitative-research-2009.pdf. 118 J. A. Hughes and Wes W. Sharrock, The Philosophy of Social Research, vols. (London: Longman, 1997). 46
those behaviours. 119 Rules and conventions are constitutive of behaviour because they infuse human action with meaning. To fully understand meaning, however, the objectives of the community or system under consideration must be understood, not just the rules and conventions that ostensibly govern it. 120 Legal systems clearly lay themselves open to interpretive enquiry. The rules of the legal game, and the actions of criminal justice professionals, make sense only when the purpose of the legal system is understood as a means of pursuing justice. 121 3.5 Research approach The relationship between research and theory can be approached in a distinct way which was explained by Saunders et al. 122 There are two kinds of research methodused in research- deductive and inductive approach. In the deductive approach, a hypothesis is created by past studies and tested by using survey method and it is called as a top-down approach. 123 The inductive approach is involved in generating theory on the basis of observations and results obtained via data collection which is called as a bottom-up approach. 124 According to Bryman and Bell 125, an inductive approach was applied in qualitative research and a deductiveapproach for quantitative research. In this case, the present study attempts to explore whether the legislative and 119 M Hollis, The Philosophy of Social Science an Introduction, vols. (Cambridge: Cambridge University Press, 1994). 120 Martin Hollis, Chapter 7: Understanding Social Action in The Philosophy of Social Science: An Introduction., vols. (Cambridge: Cambridge University Press, 2002), Available: https://www.amazon.com/philosophy-social-science-introduction-introductions/dp/0521447801. 121 Ibid. 122 M. Saunders, P. Lewis, and A. Thornhill, Research Methods for Business Students, vols., 6th ed. (Harlow: Pearson Education Limited, 2012).p.144 123 D. Gabriel, Inductive and Deductive approaches to research, 2013, Available: http://deborahgabriel.com/2013/03/17/inductive-and-deductive-approaches-to-research/; Saunders, Lewis, and Thornhill, Research Methods for Business Students. 124 A. Bryman and E. Bell, Business Research Methods, vols., 3rd ed. (Oxford: OUP Oxford, 2011). 125 Ibid. 47
administrative measures are effective in India to combat the corruption in the country. Hence inductive approach is more appropriate to this research. 3.6 Target population and sample size According to Gay and Airasian 126, for any research it is imperative to select the targert population.a group called study population is to whom the researcher plans to apply her or his research results i.e. the target population of the study whose members are the people to be researched. In this present study, the target group includes honourable juges in India in order to acquire the study objective. Further, the sample size of this study was chosen as 4. 3.7 Sampling technique The sampling techniqueis selected by considering strategy, representativeness and access. 127 As per Patton 128, sampling technique relies on four questions which include what an investigator needs to examine, why she or he needs to examine, what kind of sources he or she wants to research and how the results would be utilised. 129 Based on the above queries, purposive sampling technique is used in the present study. This type of sampling would enable the researcher to cross check whether they meet the criteria for eligibility on the basis of objectives. 130 In the present research, convenience sampling was performed wherein two judges were selected and qualitative interviews were conducted. 126 R. Gay and P. Airasian, Educational Research, vols. (New York: Longman, 2003). 127 A Bryman, Social Research Methods, vols., 4th ed. (New York: Oxford University Press, 2012). 128 M.Q. Patton, Qualitative research and evaluation methods, vols., 3rd ed. (Thousand Oaks, CA: Sage, 2002). 129 L. Cohen and L. Manion, Research Methods in Education, vols., 4th ed. (London: Routledge, 1994). 130 M. Easterby-Smith, P. Lewis, and A. Thornhill, Research Methods for Business Student, vols., 6th ed. (Harlow: Pearson Education Limited, 2012).p.228 48
3.8 Data collection The literature on corruption is fairly large and therefore the researcher will try to concentrate on the interpretation of the Prevention of corruption Act and few important pieces of court judgments, and other rules and regulations, and other important relevant materials on the topic. Further secondary source from published reports of the various Reports, journals, Newspaper and further information are collected from official websites of State/Central government, the databases maintained by various courts, published reports, tribunal bodies and research institutions. The study period for this research is from 1900s to 2017 and policies and legal regulations analysed that came into existence within these years. The semistructured interview conducted through the telephone with the four selected high court judges. Telephonic interviews were conducted with 4 Judges wherein their inferences were recorded. The recorded data were once again transcribed and coded thematically. The transcripts of the interviews were provided in Appendix. 3.9 Thematic analysis Legal control of corruption in India: Given the impact of corruption, it is very important to strictly enforce the anti-corruption laws in order for the country to progress. In this respect, various anti-corruption acts are analysed. Also the efforts and initiatives taken by the government in curbing the corruption and black money are explored. Administrative policy and agencies in controlling corruption: The various mechanisms to prevent corruption are explained. The role of various bodies and 49
agencies in controlling the corruption is elucidated. The administrative policies and legal control measures undertaken by the government are also described. Role of judiciary in controlling corruption: The onus of Indian judicial system to tackle the malicious effects of corruption is focused. Commission of inquiry and its efficacy in controlling corruption: The significance of the commission in the inquiry of corruption, features of Lokpal and Lokayukta, and Lokayukta setups in various states are thrown light. Some instances of commission enquiries are also detailed. Critical analysis of political corruption with reference to certain cases: Various scams that happened in India and their political angle are analysed critically. 3.10 Ethical consideration Ethics defined as the aptness of one s behaviour connected with the right of the ones who will be the subject of his or her work, or will be affected due to it 131.For the present research, the judges were given a unique identifier number as their personal information is not asked by any means. Furthermore, the data collected is shared nowhere except with the research guide. In addition, the data collected will be stored in the personal computer of the researcher wherein the same will be erased once the research is approved. 131 M Saunders, P Lewis, and A Thornhill, Research Methods for Business Students, book, vols., 4th ed. (NJ: Prentice Hall, 2007).p.34 50
3.11 Summary This chapter explained the adopted research methodology to obtain the research results. This chapter described research design; nature of the study; research philosophy followed; and research approach. Further, this chapter explained the method of data collection. The thematic analysis is also conducted in the present research which is also explained in detail. 51