HISTORICAL RESEARCH:

 HISTORICAL RESEARCH:

Historical Research means

“ Finding out the previous law in order to understand the reasons behind the existing law and the course of its development”

-P.M.Bakshi

in his essay,

 Legal Research and Law Reform stated Historical Research as On the Archives Building in Washington, there is a famous inscription

which reads:

 ALL THAT’S PAST IS PROLOGUE

These are pregnant words and not mere rhetoric. The past often explains the

 present, most vividly”.

 Historical research in this context is not meant a discussion of the history of each rule of law or of each statutory provision for the sake of mere intellectual delight or for mere record. Like all other types of research required for the purpose of law reform,historical research is useful in law where the present statutory provision or rule of law has raised meaningful queries and it becomes necessary to explore the circumstances in which the present position came about. Not unoften, an exploration of the historical material gives a clue to the reasonswhy a particular provision was framed in the form in which it now appears. This often removes certain doubts, or even supplies to the researcher the reasons that justify the present provision - reasons which may not otherwise be apparent. Obviously, where such a fruit is yielded by historical research, it has its own utility. It prevents one from making

a suggestion for change in the law which one was tempted to make (before knowing the past), but which now appears to be unnecessary.

Secondly, historical research may often reveal that alterations in the law on particular lines which are now tentatively under consideration had already been thoughtof in the past also, in the earlier attempts at reform of the law, but had been rejected for sound and valid reasons.

Thirdly, historical research would often show that a particular existing provision,fully justifiable at the time when it was introduced, is no longer so justifiable because the reasons that justified the original inclusion of that provision are no longer valid. Historical research reveals the reasons, which might otherwise remain obscure.

Finally, on more general level, when the history of a particular idea which has been given a concrete shape in the law is studied in depth, it shows the gradual evolution of the law on certain lines, thus showing the general trend of change. It is true that some jurists fight shy of history

.Jeremy Bentham

stated

we are told, had scant respect for history and contributed little to an understanding of legal and social change in a continuum

But it is now well recognised that in many cases there is certain logic in the wayin which the law evolves, even though, in some other cases, one may, no doubt, find thatthe law had in the past developed rather on haphazard lines. Of course, when one speaks of historical research, one is not confined to pure law. Even though the material directly under study may be legal, that is to say, the source to be consulted may be a traditional legal source, the factual material that comes to light and the knowledge of ideas gathered from such a source, may often have an interest that transcends the exclusively legal field. In fact, social and legal factors cannot be always reduced to water tight compartments. Any adequate appraisal of the precise nature and rate of change in a particular country must also pay special attention to the effect of relevant physical, demographic, technological

Variables.

Sources of Historical Material 

What, then, are the sources from which historical material may be drawn? Here the legal researcher sometimes feels a handicap. Notwithstanding the availability of general books on Indian legal history and Indian constitutional history, the researcher willfind that when he sits down to tackle a particular subject assigned to him in a project of law reform, the historical material is not easily traceable. At least, it is not as easily traceable as Precedents.So far as pure statute law goes, some of the commentaries, no doubt, supply the reader with the text of the corresponding provisions in earlier statutes. But this does not always fully satisfy the curiosity of the researcher, and may not, in every case, yield sufficient light as to why a certain provision was phrased in a certain manner in the corresponding earlier statute.For this purpose, he will have to consult the relevant legislative debates.Fortunately, so far as central Acts go, these are excellently preserved in the national archives or state archives in regard to the older Acts. If the researcher finds it necessary(as he often may) to know the contemporaneous judicial understanding or exposition ofthe earlier provision, he will certainly like to go to the sources that contain such exposition. Experience has shown that one of the best sources to be consulted for this purpose are the earlier' commentaries on the particular statute