Professional Documents
Culture Documents
USING A LAW LIBRARY HC Jain 1982
USING A LAW LIBRARY HC Jain 1982
USING A LAW LIBRARY HC Jain 1982
//. C. Jain*
Introduction
LIKE ANY other library a law library is a trinity of men, material and
building. It has been aptly remarked about a law library that "the law
library is truly a vital factor in the administration of justice, an institution
of extraordinary social significance in a free society. Inspiring is the
example of men and women of vision who devote their talents to the
creation and perpetuation of law libraries whose benefits reach out far and
beyond the personal interests of the original creators."* In addition, the
law library is a "community trust", which Gilbert Stephenson defined as
"an ocean liner receiving its cargo in part from living trusts, which are
private ships and carrying it over into successive generations as to a distant
port, there to be distributed for the common good." 2
A law library contains highly specialised materials, and this requires
special skill to handle. Basically legal material consists of statutory law
and reports of decided cases. Both these types of legal materials relate
to the "authority" and "precedent" respectively. Hence any type of
research will not be complete unless these materials have been scanned
through. "The term statutory law is more inclusive than is generally
considered by the term in popular parlance for it includes not only
legislative enactments but constitutions, treaties, court rules, inter-
state compacts, municipal ordinances, and administrative rules and
regulations." 3
Any law library has to be well equipped with regard to these two
basic materials. These materials may equip the reader not only with what
the law is but also help him understand that in a complicated society with
complex laws, he may have to take recourse to such secondary materials as
text books, reference books and articles. For a research library these
materials may have to be in abundance, but in addition such a library
has to contain materials in allied fields such as history, political science,
anthropology, sociology and economics and also in comparative law. The
task of a researcher is not only to find the existing law but also to
examine alternative solutions to a problem and to suggest reform in
law.
* Librarian, Indian Law Institute, New Delhi.
1. Frederic D.Donnelly (Ed.), The Law Library : A Living Trust 1 (1964) (Pro-
ceedings, Sixth Biennial, A.A.L.L., Institute for Law Librarians, June 28-July 2, 1963,
Chicago, Illinois).
2. Quoted in ibid from Gilbert Stephenson, Living Trusts 304 (1926) (F.S. Crofts,
New York).
3. Erwin C. Surrency, Benjamin Feld and Joseph Crea, A Guide to Legal Research 7
(1959) (Oceana Publications, Inc., New York).
576 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 24 : 2 & 3
A fresher who goes to a law school cannot manage by reading only the
textbooks which are just a part of the material meant for legal education.
He has to prepare himself fully to handle the complicated legal literature.
"With the mass of material that has to be covered in the classroom, and
normally in large classes at that, only the surface can be skimmed,
while the library is there to give the student his opportunity to develop
depth of thought and to discover the fun of starting to become an expert
in his chosen field."4
A person who wishes to use a law library and wants to make best use of
it must know how to use it. He should have a general idea of the types of
books a law library usually contains. He should know where to look for the
materials for research and also about the guides and aids which would
facilitate locate the materials. In the words of Professor Frederick Hicks,
"Skill in the use of law books...is a requisite of a successful legal
career, along with ability to understand the intricate wording of a
statute, to follow the reasoning of a judicial decision, or to build
up a theory of a case by original thinking...What I refer to is skill in
using law libraries, that is, books in the mass. A law library is not merely
a collection of books. It is a collection of legal literature properly housed,
and organized for service."5
In an effort to locate the books help may also be sought from the
library staff.
Textbooks
For a researcher working on a new problem it is advisable to start with
the textbooks on the subject. This will not only give the reader a proper
idea of the subject but also enable him to find out several other sources
of study and decided cases on the subject. After this has been done the
research may be brought up to date by scanning the latest cases, subse-
quent legislative changes, articles and other materials.
Textbooks are also the best source of understanding the basic princi-
ples on the subject. Though they are the secondary source of research,
they are indispensable for having a perspective of the problem and of the
basic materials available on the subject. A textbook suffers from the
limitation of space as it covers a broad area in a compressed form. The
research may not only be incomplete but misleading as well if other legal
materials are not consulted and used.
The Constitution
An official copy of the Constitution of India is always available with
the office of the Controller of Publications (Government of India, Delhi)
and its branches and authorised agents. The government issues a new
edition almost every two or three years as there are amendments to the
Constitution from time to time. As the amendments are quite frequent,
it is always advisable to check further amendments, if any, after the date
of publication of the new edition. For this purpose one has to consult
the Acts-section of the Gazette of India about which a mention has been
made in the following pages. It is quite likely that some bill might have
been introduced in Parliament but did not become an Act. It may be
necessary to make a reference to such a bill which can be found in the
Gazette of India—Part 2 Section II.
Sometimes in the course of research it becomes necessary to refer to the
draft Constitution. The official publication of the same is called Draft
Constitution of India (1948) (prepared by the Drafting Committee of the
Constituent Assembly) and is available with the Controller of Publi-
cations.
Central legislative material
Gazette of India
The current legislative material, i.e., bills, Acts, rules, notifications,
orders etc. are published in the Gazette of India. Not all sections of the
gazette are of use for legal research. Only some of them may be relevant.
The contents of the gazette 5re given below so as to give an idea as to
what it contains :
578 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 24 : 2& 3
Codes—official publications
Codes—private publications
State statutes
The state Acts are published in their respective gazettes. However, it is
difficult for any library to have all the state gazettes because they are
expensive and quite often some parts are not received. We also
find codes in which all the Acts in force in the state are found.
But it is problematic to keep these codes up to date. In almost every state
there is a private publication also which contains all the Acts in force in
that state. But quite often they are out of date. There is no system to keep
these sets up to date.
Subordinate legislation
All the statutory and non-statutory rules, orders, and notifications
issued by the Government of India and the state governments are published
in the official gazettes as stated above. The two major defects of the
system of publication of subordinate rules in the gazette are : First, there
is no index with the result that in order to find out a statutory rule or
order of a particular year, the researcher has to scan through the entire
pages of the gazette, and second, there is no table or any other method
indicating references of the earlier statutory rules and orders. This puts
a very heavy burden on the researcher to find rules on a particular
subject.
General Statutory Rules and Orders—This is the official publication of
all the rules, orders and notifications issued by the Central Government
which are in force. The latest revised edition is still under publication.
The arrangement in this set is subjectwise, i.e., the material has been
arranged on the basis of the subjects of the parent Acts under which the
rules have been framed. Therefore, in order to find out some material in
this publication, the researcher has first to consult the Index to India Code
to find out as to under which subject-heading the parent Act has been
placed. The volumes of this publication have been divided on the basis
of the subject-grouping in this index.
Manuals—-A few government departments publish manuals from time
to time giving the latest rules and notifications, etc. on the subject, for
instance, Central Excise Manual, Civil Services Manual, Customs Manual,
Income Tax Manual and Foreign Exchange Manual.
Rules framed by the judiciary—The Supreme Court and the High Courts
frame their own rules. These are published and revised from time to
time.
Legislative history
The intention of the framers of the Constitution can be ascertained
from the Constituent Assemby Debates. These debates are very useful as
they provide a background to our Constitution. The original clauses of
the Draft Constitution along with the final articles of the Constitution are
1982] USING A LAW LIBRARY 58l
Case law
The judicial system in India is now well knit into a hierarchy of courts,
with the Supreme Court at its apex. Article 141 of the Constitution
provides that the law declared by the Supreme Court is binding on all
courts in India. Though there is no similar provision with regard to the
High Courts, it is well settled that the courts subordinate to the High
Courts are bound by their decisions. As a result, the doctrine of precedent
has been well established in India and it ensures uniformity and certainty.
This has necessitated a systematic reporting of the judgments of the
Supreme Court and High Courts, even though an unreported judgment
can be cited as an authority.
An impressive account of the history of law reporting in India and
various law reports of earlier days is found in the fourteenth report of the
Law Commission of India.6
Official reports
Federal Court Reports (11 volumes) (1939-50) (Manager of Publications,
Delhi)—This is the official publication of the cases decided by the Federal
Court which was abolished with the setting up of the Supreme Court in
1950.
Supreme Court Reports (since 1950) (Manager of Publications, Delhi)—
This is a monthly publication reporting cases decided by the Supreme Court.
Cases, (3 volumes) (3rd ed. 1954) (Madras Law Journal Ltd., Madras);
S. N. Bagga, All India Point Noted Index of Overruled and Reversed Cases,
1911-1961 (16th ed., 1962) (Law Book Co., Allahabad); B. Krishna and S.
K. Agrawal, Subject Noted Digest of Overruled and Reversed Cases, 1809-
1961, August (revised by D. D. Saini) (1962) (Law Publishers, Allahabad);
and P.J. Patel, Supreme Court Reference Citations, 1950-1975 (1976) (Legal
Research Bureau, Jamnagar).
The last mentioned publication is an Indian counterpart of Shephards
Citation of the U.S.A. All the Supreme Court cases reported in the A.I.R.
from 1950 to 1975 have been listed and their treatment by the courts
subsequently has been given, i.e., whether "criticised, distinguished,
explained, followed, harmonized, limited, modified, overruled and partly
disapproved etc." These are not regular publications. We have to refer
to A.I.R. in order to update the study.
There is another publication which is of great help in finding the parallel
citation of a case in other reports. As it is very likely that a case might
have been reported simultaneously in three or four reports, this sort of
information is very useful in locating the case when there is only one of
the reports available in the library. The A.I.R. and some other reports
give a comparative table in the beginning. Some of these publications
are: S. K. Agarwal, The All India Comparative Tables (India and Pakistan),
1939-50 (1952) (Eastern Book Co., Lucknow); R. Agarwal, 4 / / India Com-
parative Tables, 1950-55 (1957) (Wadhwa, Agra); and V. D. Kulshreshtha,
The All India Comparative Tables, 1950-60 (1962) (Eastern Book Co.,
Lucknow). Again, since these are not kept up to date, we have to seek
help from the A.I.R. and other reports.
Your Law and the other published in the U.S7A. is Uniform System of
Citations, generally known as the "blue book" brought out by the Harvard
Law Review Association. Such works are also available in Australia and
Canada. Unfortunately in India we do not have any such work so far,
but we do find information about Indian reports in some American guides
like "Hicks" and "Pollock". A good account of Indian reports is also
given in a two-volume set of Morley's Digest.
London).
(5) Law & Society Review (published since 1967) (Law & Society
Association, Illinois).
(6) Journal of Law & Economics (published since 1958) (University of
Chicago Law School, Illinois).
A problem may arise as to how to locate a particular article or case
comment relating to some research topic. One way to use the periodicals
is to consult the cumulative indexes. Many foreign and some Indian
periodicals also have these indexes. They are very helpful as one need
not go through each and every volume. In the cumulative index, all the
material is listed at one place, authorwise as well as subjectwise.
Besides, another source of collecting material on a particular topic
from the periodicals is the indexes covering all the periodicals. These
indexes are Index to Indian Legal Periodicals (published since 1963) (Indian
Law Institute, New Delhi); Index to Legal Periodicals (published since
1926) (H.W. Wilson Co., New York), Index to Foreign Legal Periodicals
(published since I960) (Institute of Advanced Legal Studies, London).
The first index covers Indian periodicals alone. The second and the
third are complementary as the countries which are not covered by the
former are covered by the latter. Thus the two indexes taken together
cover the whole world. The articles are arranged subjectwise and so it is
easy to locate the relevant material.
Monographs
Some good monographs on specific subjects appear from time to time.
They are a mine of information on materials and facts. Some of the
recent monographs published by the Indian Law Institute are: Child and
the Law (1979), The Supreme Court under Strain : The Challenge of Arrears
(1979), President's Rule in the States (1979), The Drafting of Laws (1980),
and Official Secrecy and the Press (1982).
Government publications
A number of publications are brought out from time to time by the
central as well as state governments. Most of them consist of reports of
various committees and commissions. There are some commissions which
are permanent like Law Commission of India, Commissioner for
Linguistic Minorities, and Commissioner for Scheduled Castes and
Scheduled Tribes. Similarly, there are some permanent parliamentary
committees like Committee on Public Undertakings, and Committee on
Petitions and Estimates Committee. There are ad hoc commissions,
appointed for specific purposes, like Pay Commission and Finance
Commission, and ad hoc committees like Direct Taxes Enquiry Committee
and Road Taxes Enquiry Committee. The reports of these bodies are of
great help and any research without referring to them will not be
complete.
1982] USING A LAW LIBRARY 589
Foreign material
No research can be complete without a comparative study of materials
available in other countries. The countries with a similar set up as ours
are Australia, Canada, U.K. and U.S.A. The relevant information
about the materials in these countries is given below.
The arrangement in these foreign materials is almost the same as that
of its Indian counterpart with minor changes. Therefore, it may not be
difficult to make use of these publications. For example, every publication
containing legislative material first lists the enactments in an alphabetical
and chronological order. This will enable the researcher to get to the
text of the material listed. If the researcher knows the name of the Act
or rules etc., he will find the same in the alphabetical index and if he
knows only the number of the Act of a particular year, e.g., Act No. XI
of 1976, he will find it listed in the chronological index. These publica-
tions may also provide a subject index giving all the Acts or rules etc.
relating to a particular subject at one place.
The law reports similarly list all the cases alphabetically and also
chronologically. Another common feature of law reports is a table of
cases referred to, overruled etc.
Australia
Legislative material
Acts of Parliament of the Commonwealth of Australia, 1901-1950 (6
volumes) (as amended till 1950)—The sixth volume contains a subject
index and alphabetical and chronological tables of statutes passed since
1901. Thereafter there is an annual volume published regularly.
Cumulative supplements to the consolidated edition are published
each year bringing the statutes contained in the consolidated edition
to date.
Commonwealth Statutory Rules, 1901-1956 (5 volumes) (Law Book Co.,
Sydney)—After 1956 every year there is a volume which consists of
statutory rules made under the Commonwealth Acts during the year and
also selected proclamations, orders etc. with table and index.
Case law
Australian Law Journal (published since 1927 (Law Book Co.,
Sydney)—The Journal has been reporting decisions of the High Court of
Australia, the highest court of the country, and the Privy Council since
1927. From 1958 the cases are being reported in a separate section
under the title "Australian Law Journal Reports." This section has
separate pagination.
Commonwealth Law Reports (published since 1903) (Law Book Co.,
Sydney)—These are the authorised reports of the High Court and they
also report the decisions of the Privy Council in appeal from the
High Court.
590 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 24 : 2 & 3
Federal Law Reports (published since 1956) (Law Book Co., Sydney)—
This is an authoritative series of Australian reports—reports of cases
decided by federal courts (other than the High Court), state courts
exercising federal jurisdication, courts of territories and the Courts-
Martial Appeal Tribunal, Trade Practices Tribunal, Copyright Tribunal
and Commonwealth industrial courts. Cases relating to matters of federal
jurisdiction are reported in this series.
Digests
Canada
Legislative material
Case law
Digests
Supreme Court Cases (1923-1950) (1951) (Willson et Laffeur, Mont-
real—It covers all the decisions of the Supreme Court of Canada published
in Canada Law Reports.
Index to Supreme Court of Canada Reports (3 volumes) (2nd ed. 1969)
Butterworth, Toronto).
Canadian Abridgment (35 volumes) (2nd ed.)—This covers cases
decided by the Canadian courts from 1923. There is an annual volume
also updating the digest.
There is also a monthly digest of Canadian cases called Canadian
Current Law.
U.K.
Case law
Digests
7. Legal Research in a Nutshell 92 (3rd ed. 1978) (West Publishing Co,, St. Paul,
Minnesota).
594 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 24 : 2 & 3
Lord Hailsam and the third in 1963 under the editorship of Lord Simonds
That is why, sometimes these editions are referred to by the names of the
editors. The fourth edition is being printed under the editorship of Lord
Hailsam. To keep the set up to date cumulative supplements are issued
every year.
Encyclopedia of Forms and Precedents—It "aims to provide a form for
every transaction likely to be encountered by practitioners, except for
court forms. The entries are arranged by subject, eg. Animals,
Mortgages."8
U.S.A.
Statutory material
Statutes at Large—It contains federal statutes of the U.S.A. They
are published after each session of the Congress.
United States Code—This is the official publication containing all the
Acts in force in the U.S.A. It consists of fifty titles, i.e., the Acts have
been grouped together under fifty titles.
United States Code Annotated (West Publishing Company, St. Paul,
Minnesota)—This is also a valuable set divided into fifty titles, and is kept
up to date by annual pocket parts. The index volumes are very compre-
hensive. Its annotations, including the historical background notes, are
important for researchers.
Law reports
8. Jean Dane and Philip A. Thomas. How to Use a Lew Library 94 (1979) (Sweet &
Maxwell, London).
1982] USING A LAW LIBRARY 595
9. Now in 90 volumes.
10. Cohen, supra note 7 at 95.
Further readings
1. Enid Campbell and Donald MacDougall, Legal Research : Materials and Methods
(1967). The Law Book Co., Sydney.
2. Hem Chandra Jain, Indian Legal Materials: A Bibliographical Guide (1970)
(N.M. Tripathi Pvt. Ltd., Bombay).
3. Hem Chandra Jain, Law Library : Administration and Reference (1972) (Metro-
politan Book Co., New Delhi).
4. Erin H. Pollack, Fundamentals of Legal Research (2nd ed. 1962) (Foundation
Press Inc., Brooklyn).
5. M.O. Price, H. Bitner and S.R. Bysiewicz, Effective Legal Research (4th ed, 1979)
(Little Brown, Boston).
6. C.W. Ringrose, Where to Look For Your Law (14th ed. 1962) (Sweet & Maxwell,
London).
7. Uniform System of Citation (IWi ed. 1967) (Harvard Law Review Association,
Cambridge, Mass.).