Eligibility for Seeking Asylum in the US

A person physically in the United States, who expresses a fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group, is eligible to apply for asylum. While some of these categories are clear, others, such as what constitutes a “social group,” is subject to significant litigation in federal courts. If a person receives a grant of asylum, he or she will subsequently be able to apply for adjustment of status (green card).

To seek legal protection from being deported, asylum seekers must:

Be outside their country of nationality. Asylees are by definition in the United States and thus necessarily outside their country of nationality. The law expressing this is INA § 101(a)(42)(A).

Be afraid of persecution by the government in the native country. Torture, for example, is persecution recognized under the law, while harassment or discrimination is almost never found to be a kind of persecution. However, the cumulative effect of various types of harm can be persecution when added together, such as economic disadvantage (unable to obtain gainful employment), interference with one’s right to privacy, substandard living conditions, deprived of higher education, and/or ostracized by society. Where these lines are drawn is different in each case.

Be harmed or fear harm by parts of the government. The police and the army are parts of the government. Harm by right-wing or left-wing political groups or religious zealots that the government is “unable or unwilling to control” also meets the demands of asylum laws.

Be affected by at least one of several defined conditions. As suggested above, these conditions are: political opinion, race, religion, nationality, and social group. The last category, social group, usually refers to people with certain characteristics that a particular society might lump together and about which it generally has an unfavorable attitude, such as homosexuals. The law generally does not include people who fled their homes due to civil wars, generalized violence, or criminal prosecution. However, one of these reasons may suffice for asylum if it can be connected to one of the five listed conditions.

Not be a danger to the community. Finally, international law recognizes that countries have the right to exclude asylum seekers who may be a danger to society. Those excluded are those who have committed “particularly serious crimes,” including aggravated felonies as defined in INA § 101(a)(43), pose threats to national security, or who have committed war crimes or “crimes against humanity.”

Bars to Seeking Asylum

Even if you meet the above criteria for asylum, you may be barred from seeking asylum under certain circumstances. Some of the bars to asylum include but are not limited to:

conviction for a “particularly serious crime” (includes aggravated felony convictions)

committed a serious nonpolitical crime outside of the United States

poses a danger to the security of the United States

has engaged, ordered, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion

Warning Against Filing a Frivolous Asylum

If you file a frivolous asylum application, you will be PERMANENTLY BARRED from seeking any form of discretionary relief in the United States, including adjustment of status, cancellation of removal, or voluntary departure.

For immigration purposes, an asylum application is frivolous if any of its material elements is deliberately fabricated.

Remember, the credibility of your claim is at issue in an asylum case. What you write in your application, and what you say under oath in an asylum interview or in an immigration court, will decide whether you are a credible person and have a credible claim.

If the immigration judge finds that you have filed a fraudulent asylum application, not only will you have a deportation order that will be difficult to reverse on appeal, but you will never be able to apply for any other form of discretionary relief!

So, if you knowingly submit a fraudulent asylum application, you are subject to the harsh penalty of permanently becoming ineligible for other relief, regardless of sympathetic circumstances.

A frivolous finding is basically a “death sentence” for immigration purposes, so you should never file a frivolous application.

Withholding of Removal (INA § 241(b)(3))

The Attorney General may not remove a person to a country where his or her life or freedom would be threatened because of his or her race, religion, nationality, membership in a particular social group, or political opinion.

To win a claim for withholding of removal, you must show that there is a “clear probability” that you will be subject to persecution if forced to return to the country of removal, or that it is “more likely than not” that you would be persecuted if you are removed to the home country.

Of course, this is a higher burden of proof than the showing of “past persecution or a well-founded fear of future persecution” required for asylum. However, unlike asylum, which is a discretionary form of relief, withholding of removal is mandatory once you establish that your life or freedom would be threatened in the proposed country of removal on account of race, religion, nationality, membership in a particular social group, or political opinion.

If granted withholding of removal under INA § 241(b)(3), the applicant can remain in the United States, but can NOT be granted lawful permanent resident status (green card) on that basis.

Additionally, a grant of withholding of removal only means that you cannot be deported to your native county; if and when the United States government finds another country that will accept you, you will be deported to that country.

Convention Against Torture (CAT)

Article 3 of the United Nations Convention Against Torture protects aliens who fear torture in their native country. Unlike asylum and withholding of removal, CAT does not require that the alien be persecuted on account of race, religion, nationality, membership in a particular social group, or political opinion.

Convention Against Torture is a treaty that prohibits the return of a person to a country where there are substantial grounds for believing that the person would be in danger of being subjected to torture if returned to his or her native country.

“Torture” is defined in Article 3 of CAT. There are no bars to eligibility for Convention Against Torture, and those who do not qualify to seek asylum can nonetheless seek protection under CAT.

To win a Convention Against Torture claim, you must prove that it is “more likely than not” that you would be subject to torture if forced to return to your native country.

If you are granted protection under Convention Against Torture, you cannot be removed from the United States to the country from which you fear being tortured, but you can be removed to any other country if that county will accept you.

A grant of CAT relief does not entitle you to become a lawful permanent resident (green card holder). However, based on such a grant of relief, you can obtain an employment authorization document (EAD) and can reside and work lawfully in the United States.

Competent Representation is Key

As it is true about any other area of immigration law, competent representation of your asylum claim is key in putting forth the best and strongest possible application. If you wish to seek asylum, withholding of removal, or relief under Convention Against Torture you are required to file Form I-589. Form I-589 covers all of these forms of relief. There is no filing fee associated with an application for asylum.

Be careful of lawyers or representatives who “promise” you that you will win your asylum case and that you have “nothing to worry about”! You should consult competent attorneys prior to filing an application for asylum, because there are severe consequences for filing a fraudulent asylum application before an Immigration Court. While those who “promise” you a victory have nothing to lose if you do not win your asylum case, you have everything to lose! Do not take unnecessary risks!

If you believe you are eligible for asylum, withholding of removal, or relief under Convention Against Torture and would like to apply download Form I-589 from USCIS

If you wish to consult Thaker Berowitz LLP about your eligibility for any of these forms of relief, confidential asylum consultation.

Disclaimer:

While the information in this article is current at the time of writing, you should ALWAYS seek legal advice before you engage with the USCIS. Rules and interpretations change constantly and this article should not be considered legal advice. It it informational only. Asylees are strongly encouraged to seek legal advice as early as possible in the process.

Low Cost Bargain

The National Reform Association (the other NRA) may not be a household word in America today, but it is the oldest, socio-political group in the country.  The mission of the NRA is featured in a new documentary entitled, “I Smell a Rat” — An anti-Federalist Interpretation of American History,” created by a team of Evangelical Christians.

The Christian Amendment

From the beginning, the NRA was critical of the U.S. Constitution for its neutrality toward Christ, the King of nations.  This echoed the call of many early anti-Federalist’s, who rejected the proposed Constitution for that very reason.

The National Reform Association convened in the middle of the Civil War.  It declared that slavery was merely a symptom of America’s original sin of neglecting God and His law in the Constitution.  They proposed the following Christian Amendment to formally acknowledge Christ as Lord of the nation:

“WE, THE PEOPLE OF THE UNITED STATES, [recognizing the being and attributes of Almighty God, the Divine Authority of the Holy Scriptures, the law of God as the paramount rule, and Jesus, the Messiah, the Savior and Lord of all,] in order to form a more perfect union…do ordain and establish this Constitution for the United States of America.”

In addition, as people come to Christ and the spiritual posture of America improves, additional amendments will be needed.  These must require an oath of our civil officers to govern in accordance with the Word of God and declare the Bible to be the foundation for our legal system.

By contrast, most contemporary “Christian America” authors find little to criticize in the Constitution.  Typically they stress patriotic devotion to the Constitution as it stands.

James Madison Wanted

a Secular Republic — he got it!

The NRA is especially critical of James Madison.  Madison wanted to create a secular republic and he got what he wanted, according to the video.

As the story unfolds, Thomas Jefferson was upset by requirements that officials commit to government under God in Virginia.  He called this “religious slavery.”

Madison and Jefferson were also properly upset with the establishment of the Anglican Church in Virginia.  But, in their 1786 “Bill for Establishing Religious Freedom” Jefferson and Madison went beyond separation of church and state to separation of God and state.  They set the stage with the declaration that, “our civil rights have no dependence on our religious opinions, any more than our opinions in physics or geometry…”

According to the documentary, they next very subtly forbade the requirement that the civil magistrate be required to swear allegiance to God and the Bible.  In the same long sentence that disestablished the Anglican Church, the Bill declared “that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.”

Because law is always an expression of somebody’s belief system or religion, the new enactment meant that the Christian footing was removed and the government of Virginia was now based –by default — on atheism.

Having made this initial break in Virginia, James Madison, the Father of the Constitution, carried the same principle into the U.S. Constitution of 1787, just over a year later.  Article I, Section 3 reads:  “No religious test shall ever be required for any office or public trust under these United States.”

This perspective challenges the conclusions of many of today’s so-called “American Christian history experts.”  Most of them find a strong biblical influence in the U.S. Constitution, in spite of the above evidence to the contrary.

It is known to all that Nehru Dynasty had a lot of things to their input in shaping the fate of country. Be that as it may, horoscopes of Pt. Jawahar Lal Nehru and of Smt. Indra Gandhi are being included in this issue as both were born in the month of November.

In addition, horoscope of Shri Arjun Singh, -once upon a time aspirant to become Prime Minister, at present Union minister in the Government of Dr. Manmohan Singh has also been included as he was also born in November.

Now look for detailed version of the Horoscopes to be a good precedent for lovers of astrology and how Yogas present helped them

POLITICAL PERSONALITIES WHO HAD A SAY IN SHAPING THE COUNTRY.

The native was one of the most important architects of India and as such his horoscope has been included in this issue and the birth details have been taken from the published material. The native was born when Cancer Lagna was rising and had Moon in Lagna. The native with such horoscopes are bound to rise though ups and downs cannot be ruled out including on account of Kal-Sarpa Yoga. However, the native had the kingly yoga. However, the native had the kind of yogas. Moon in own sign, Venus in own sign, and Jupiter in own sign with Sun in Scorpio which itself is sufficient to make the native to get to the highest desired position in life.

Apart from Malavya Yoga (see page 64 of Phaladeepka) and also cancelled Sakta yoga (see page 70 of Phaladeepka), the lagna / and Lagna Lord is hemmed by two malefics i.e. Saturn and Rahu but there is no other aspect – malefic or benefic on Lagna and Lagna Lord- therefore the Moon in Lagna itself was sufficient coupled with other beneficial planetary position to make the native Prime Minister of India.

The Moon in Lagna-own sign is not aspected by any planet- malefic or benefic -thus making the horoscope quite strong. This is another example where the Sun is in Scorpio, though after many odds made the native unforgettable Prime Minister of India. Cancer Lagna normally rules the sub-consciousness of a person and in this case the Moon -controller of Mind happened to be in Lagan- making the native to think more about the people – rather(taking the responsibility of the whole race. The native was known for his intelligence including his book “Discovery of India”.

Though not connected with national events but equally important astrologically is the fact that the Putrakaraka Jupiter is afflicted by Rahu and Ketu and Mars- the 5th is a malefic sign and is occupied by malefic planet (though there is an opinion that a male planet in 5th house gives son) and thus may be the reason for the native to have only one daughter. In Navamsha, the 5th from the Moon is also highly afflicted.

The natives’ Sun gave rise to Obhayachari Yoga i.e the Sun being hemmed by benefics. This gave the native popularity _complex phenomenon itself. Actually, in astrology, Jupiter, the Sun, Mercury, Venus and Mars aspecting the 10th house were responsible for making the native an idol of India till today and even after his death.

Lords of 5th and 6th houses in mutual kendras constitute Sankha yoga contributing to his human sympathies, his wide culture and his internationalism. Further, Venus in Kendra identical with Swakshetra had given rise to Malavya Yoga- one of the great 5 combinations. Be that as it may, every body first is a human being to undergo hardships. The Moon in the case of the native was hemmed by malefics giving rise to Papakartari yoga making the native at times lonely and depressed.

This horoscope belongs to the well-known native who had a big hand in shaping the country in various ways. Birth details taken from published Material and for Lagna reliance is placed on the Book ‘Planets and children’ by Shri K.N. Rao though Leo Lagna had been taken in Astrological Magazine (Jan.1995) and the Babaji (Jan.96). Though we all are capable of committing some mistake but the mistake with regard to Lagna need to be avoided as the interpretations have to be wrong and the persons in general having interest in astrology would be misguided.

Though ruled as Prime Minister of India but even then she had to undergo the sufferings on account of planetary position Saturn in Lagna aspecting 3rd house, 7th house and 10th house. Budh-aditya yoga in 5th house and exchange of Mars and the Sun provide the needed platform to reach at the top. Even the Sun in Scorpio was sufficient for the high post supported by aspect of Jupiter.

With Saturn in Cancer ruled by the Moon and the Moon in Capricorn ruled by Saturn (an other exchange) the native was a complex person and even after her assassination on 31st October, 1984, the complexities of the turbulent years when she ruled the country continue to be subject of arguments today. Be that as it may Saturn in Lagna (democrate) Mars in 2nd house (10th Lord) made her dictator. Therefore she was both democrat and dictator and deeply nationalistic.

Long back this horoscope had been discussed practically in all the astrological journals on account of interest of the native in astrology and occult sciences. However, we are basing this write-up on published date of birth as we have no personal contact.

The native is Aswini Born but the Moon becomes under the influence of Rahu-Ketu. Jupiter in Lagna is considered beneficial but losses strength being in the last degrees and aspected by Saturn-though Jupiter was getting to its exaltation sign.

For Gemini Lagna persons, Mars, Jupiter and the Sun are malefics and therefore irrespective of the ambition to become Prime Minister of India, the native could not achieve the coveted position,. Venus is the only auspicious planet but gets to 6th house and being Retrograde gets also to 5th house for giving effects and would be under the influence of Rahu-Ketu and aspected by Mars.

At present the native is Union Minister in Dr. Manmohan Singh Govt. Further important events need to be mentioned are :

Arjun Singh had enjoyed the best political period from 1975 to 1993 -Maha-dasha of Rahu.

All sorts of troubles started in Jupiter-Jupiter (from October,1993) though the Jupiter is in Lagna but it did shed its malefic influence being a functional malefic. Here again comes the role of STARS and none is spared by the planetary position.

As the planetary position improved, Arjun Singh was discharged in Hawala case- Mr. V.B. Gupta in his 100 page order said-”I hold that there is no legal evidence against Madhav Rao Scindia, Arjun Singh, N.D. Tiwari and R.K. Dhawan regarding the alleged payment made to them by Jains as mentioned in their various charge-sheets (See Hindustan Times dt. 29th May,1997 (Lagna Lord Mercury in 11th house, 8th Lord Mars in the 3rd house and Jupiter in 8th with Saturn in 10th were in transit with reference to natal Lagna)

Better Times ahead

Be that as it may, presence of a fine Raj-yoga (normally found in the horoscopes of Prime Ministers, Presidents) would give a highly successful life inspite of several odds and obstacles. In the chart of the native, 10th lord Jupiter and 9th lord Saturn are well placed in the 1st and 7th houses mutually aspecting each other and generate fine Dharma Karmadhipati Rai yoga. Extra-ordinary good luck is promised to the native.

Low Cost Bargain

One issue that has continued to bother me is the missing identity of the Anioma people of Nigeria, and the cultural and political bearing of this region which the people are missing and are yet to discover. It is unbecoming of the leaders of this region if ever there exists any to play second fiddle, and in the very end stand at achieving nothing, leaving the entire region in marginalization and absolute state of complete underdevelopment. Several times I have warned that a group of people who decide to leave its destiny in the hand of another group of people is gambling away its fortunes. This is the situation of the Anioma people of Delta North.

For centuries now, one question that remains unanswered, and has been carried on for too long is the ethnic status of the people of this region, which will have in the end help to answer the question of where we truly belong. This will importantly help us to solve many of our political problems confronting us within the polity of Federal Republic of Nigeria. It bewilders me strongly on why our leaders have not woken up to the realization that a group of people is known by what they have chosen to called culturally and socially, especially if this group is blessed with certain distinctions as the Anioma. Until this political game is won, no meaningful recognition will come the way of the region.

Politicking in the nation referred to as the Federal Republic of Nigeria is demonstrating that every ethnicity is out to fight its own course, and it does not matter to them even if others are detrimentally affected provided their aims and objects are met, in world of Nigeria of today, only the fittest of the fittest shall survive because interest is of paramount importance.

The issue of state creation for the Igbo people is at it again and as usual the Igbo, strictly speaking is particularly concerned with very high level of priority placed on the South-east as a geo-political zone rather than the economic and socio-political welfare of the entire Igbo as a race. What the rest of us in Delta and Rivers States who the Igbo community has adopted are made to understand is that South-east as a region is the determinant factor, and of major concern to the Igbo in this race for state creation. The Igbo of South East have become “mainland Igbo” while the rest of us in the political opinion of South-east are Igbo what they think us to be. Little wonder we are often referred to as Delta Igbo, a phrase which has found its way in the ethnic dictionary of Igbo language and transferred to the rest of Nigeria to distinguish us from the rest of Igbo.

A situation like this is like asking our Anioma leaders when we became Igbo and when we shall stop cease to be Igbo, and what we have benefited being second class Igbo. As a matter of concern it grieves me so much that the Igbo have never shifted attention for once on us the Anioma with a view to supporting us in our agitation for the creation of Anioma State. All we have heard are claims upon claims that we are Igbo of the west, the philosopher that does not exist beyond the confines of ethnicity. Sometimes the Igbo have shown violence in proving these claims that the Anioma and Ikwerre people of Delta and Rivers states respectively are Igbo but when an issue concerns the welfare of the Igbo, the Ikwerres and Anioma become relegated to the background or completely abandoned the way a greedy husband would abandon his wife that has suffered for him in the time of sorrow.

As expected from the Igbo politics divergent views on the creation of new states for the Igbo States have cracked the South East Governors Forum, a proposal South East Governors believe is strictly a “core Igbo: affair as they recently identify themselves. “Core Igbo” here means that the Anioma, Ikwerre and Ndoni are by the way Igbo only as way of proving to other ethnicities in the country that Igbo people have perhaps more strength than the rest of them, so I begin to ask my myself what the Igbo need us all for.

The dispute arisen as a result of proposal for creation of State for Igbo have expectedly torn the Igbo Governors apart with each of the five Governors pushing for the carving out of another State from his own State. Ironically while the Governors of Enugu State want Adada State, a mushroom carved out from Enugu State, their counterparts from in Abia and Imo prefer Aba State created from Abia and Urashi State created from Imo State. Firstly, it is germane to remark here by this action the Igbo have further decided to enclose and reduce itself to nothing politically and economically instead of superiorly extending to economically and politically claim its lost communities of Anioma, Ikwerre, Ndoni and others as assumed by the Igbo ethnic group.

In Nigeria can anyone really rely on the so called geo-political zones in protecting or even seeking to make giant strides beyond the expectations of his neighbours? Was Onitsha before now not an Anioma community? What indeed is the criterion for determining the South East and South South? Cannot Anioma State be made created and placed under the South East? Are Aba, Adada and Urashi being proposed for State creation the economic size of Anioma even if joined together? If Urashi is further carved out from Imo State what remains of Imo State? Finally, if the Igbo genuinely are of the opinion that the Anioma are of genuine Igbo extracjtion, why were their delegates not invited at least to make representation in this Igbo affair?

While the Igbo will need to answer these questions to help them find a way out of their present crisis the ethnicity is facing, the Anioma, Ikwerre, and Ndoni and others need to truly reflect on the way further and discover that the days for seeing with other people’s eyes have since become a thing of the past. The Anioma people presently lumped in Delta State are not opposed to the creation of other States as outlined by the Igbo themselves rather what we say is that the Igbo should not unjustifiably laying claims to our ownership, after all, no one can claim to know ourselves better than we do. They should leave us alone to discover our identity and better cultural shelter. All I ask Oganihu Anioma and Onu Anioma is to work effectively towards the actualization of one voice for our people for only this will enable that much desired change to come to us, nobody except ourselves can bring about this.

As usual I expect protests and invectives to pour in from our Igbo brothers and sisters as a result of this write-up but all that matters to me is our getting liberated at the end of it all.

OFFICE OF PROFIT

Recent Political Controversy In Indian Political System.

B.Ramalingam

Research scholar, Department of Public Administration,

Osmania University, Hyderabad, India-500007 .

Introduction:

A nation – wide debate is going on over the controversy of disqualification of MP’s and MLA’s on the Ground of holding offices of profit in Indian Political system. It began with the disqualification of “Samajwadi Party MP Jaya Bhachan from Rajya Sabha on March 17, 2006 with retrospective effect from July 14, 2004. After this event, leaders of different political parties performed much hue and cry. Finally Sonia Gandhi resigned from the Lok Sabha pretending the issue of morality. Very soon the controversy took a constitutional crisis and different state governments rushed to save their pillars of powers.

BACHCHAN ISSUE :

Jaya Bachchan was elected for the Rajya Sabha in June 2004. After one month she was appointed as the Chairperson of Utter Pradesh Film Development Corporation, which was an office of profit under the State government. She was given perks and other benefits as part of her job in U.P. In this way, she was holding an office of profit not withstanding her selection as the member of the Council of state very interestingly, a Congress worker from Utter Pradesh filed a complaint against Ms. Bachchan in the Election Commission. The Commission found her guilty of holding an office of profit. The President, after the Recommendation of the EC disqualified her under the Article 102 of the Constitution of India.

SONIA ISSUE :

Congress President Sonia Gandhi was a member of Lok Sabha. She was appointed as the Chairperson of National Advisory Council by the UPA government. She also held several posts under the government. Complaints were registered against her, and she chose the safe route of resignation. So that she could continue her impression of being the statue of sacrifice and morality.

The list of holders of office of profit is too long. Complaints against more than 40 MP’s are registered in the Election Commission. Lok Sabha Speaker Somnath Chatterjee himself comes within the purview of disqualification. Hundreds of member of different state legislature hold offices of profit, some how or the other.

What does it show ?

(a) Our policy – makers. Statesman, politicians, leaders and so-called stalwarts want to grab more and more power in one hand.

(b) The power loving people do not want to let the door open for others.

(c) They need money by any means, so that they could hide their black money.

(d) In an era of corporate culture of democracy, only money begets powers.

(e) In order to sustain in power, the thirst of greedy leaders can be satisfied only by giving them of faces of profit.

(f) Our political party’s, power-loving representatives and peoples leaders have lost morality, principle and dignity. They need power, they need money : but they do not need welfare of the people.

CONSTITUTIONAL ASPECTS :

Disqualification of MP’s : There are separate provisions of disqualification for the member of parliament and the member of state legislature. Article 84 prescribes qualifications of the members of parliament. It lays down that a person shall not be qualified to be chosen to fill a seat in parliament unless he

(a) is a Citizen of India and makes an subscribes before some persons authorized in that behalf by the Election Commission on oath of affirmation according to the form set out for the purpose in the third schedule.

(b) is of at least 30 years of age for the Rajya Sabha and of 25 years of age for the Lok Sabha (C) and possesses such other qualifications as may be prescribed in that behalf by any low made by the parliament.

Our Constitution clearly mentions that the parliament has the power to make a low in respect to the issue of qualification of the member. Article 102 lays down disqualification of membership in case.

(a) he holds any office of India or of any state, other than an office declared by a low of parliament not to disqualify its holders.

(b) he is an undischarged in solvent.

(c) he is of unsound mind and stands so declared by a competent court.

(d) he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement or allegiance or adherence to a foreign state, and

(e) If is so disqualified by or under any law of parliament, it applies to the case of defection as prescribed in Tenth Schedule.

Article No.103 lays down that any dispute about the disqualification of member of parliament shall be referred to the President who will take a decision on the advice of the Election Commission and his decision shall be final. The Election Commission has a great role as the President decides the matter after obtaining its opinion and is accordance with that option and in case of disqualification on grounds of defection, the matter will decided by the Speaker or Chairman of Rajya Sabha as the case may be.

Disqualification of MLA’s and MLC’s : The disqualifications for membership in State Legislature are spelt in Article 191 which lays down.

1. A person shall be disqualified for being chosen as and for being a member of the Legislative Assembly or Legislative Council of a state –

(a) if he holds any office of profit under the government of India or the government of any state specified in first schedule, other than an office declared by the Legislature of the State by law not to disqualify sits holders.

(b) If he is of unsound mind and stands so declared by a competent court.

(c) If he is an undischarged in solvent.

(d) If he is not a citizen of India, or voluntarily has acquired the citizenship of a foreign state, or is under any acknowledgement of allegiance or adherence to a foreign state.

(e) If he is so disqualified by or under any low made by the parliament.

2. A person shall be disqualified for being a member of the Legislative Assembly or Legislative Assembly or Legislative Council of a state if he is so disqualified under the anti-defection law contained in Tenth scheduled.

Finally we may refer to Article 192 which says that if there is any dispute about the qualification of a member of the State Legislature, the matter shall be settled by the Governor whose decision shall be final and he shall do so after taking the opinion of the Election Commissioner.

LEGAL ISSUE AND OPTIONS :

To constitute an office of profit under Article 102 (1) (a) of the Constitution, Three conditions are to be satisfied.

Ø There should be an office to which an appointment is made.

Ø It should be an office of profit.

Ø The office should be one under the government.

However, the parliament (prevention of Disqualification) – act 1959 specifies certain offices, which will not come within the purview of the disqualification and several offices have been added after the enactment of the law. The office of the Minister is excluded from the office of profit. The law has been amended time and again for minor posts and for lesser mortals.

Ø In 1977, when a non-Congress party came to power for the leader of the opposition in each House was provided a Special Salary and allowances. Since that made it an office of profit. The Morarji Desai government simultaneously amended the 1959 Act to put the leader of the opposition in the exempted list.

Ø In 1992 the National Commission for Schedule Casts and Scheduled Tribes (as it was then called) and National Commission for women came into existence while the National Commission for Minorities was conferred statutory study. Within a year, the Narasimha Rao government amended the act to save heads of those three commissions from being affected by the office of profit rule.

Ø In 1999, leaders and chief whips of all recognized parties and groups in parliament were provided special facilities. The Vajpayee government simultaneously amended the 1959 act to protect them from disqualification. On September 30, 1982, the President disqualified a member of the Rajya Sabha – M.R. Mohan Rangam as he was holding the post of Special representatives of the government of Tamil Nadu in Delhi. It was taken as an office of profit.

The Supreme Court in the Shibu Soren case has made it clear that even if the holder of the office does not drawn salary, he or she will be deemed to hold an office of profit if the office carries same remuneration or pecuniary benefits.

And, now the cabinet committee on parliamentary affairs decided to convene a session of parliament from May 10 to 23 to discuss the office of profit for taking a final decision.

BIBLIOGRAPHY

1. “Prospects on Indian Government and Politics” by K.R. Acharya.

2. “Parliamentary Democracy and Legislators” by R.K. Bharadwaj.

3. “Constitutional System of the Indian Republic” by K.R. Bomswalla.

4. “Political in India” by Rajani Kothari.

5. Indian Todays

6. Hindu Editorials

7. “Indian Government and Politics” by A.S. Narang.

Websites :

www.parliamentofindia.nic.in

www.pmindia.nic.in

www.supremecourtofindia.nic.in

Low Cost Bargain

It is indisputable that every President of the United States has in their own way helped to shape the world of the era that they lived in, and Bill Clinton is certainly no exception. Much of his legacy still related directly to current events, and future students of political history will certainly need to consider many points of Bill Clinton trivia as important parts of their education. For instance, did you know that Bill Clinton is certainly not the name on his birth certificate? He was born as William Jefferson Blythe III in 1946, and was in fact the third youngest president to ever be sworn into office. He became president in 1993 and held office until 2001 when George W. Bush would take the office,.

Any Bill Clinton Quiz is going to contain some trivia about his early life, such as the fact that he briefly considered becoming a professional musician, (and many of us have images in our heads of Clinton playing his saxophone), but it is his political career which has helped shape history. His first official political position was while he was attending Yale in the year of 1972 when he took part in the presidential campaign of McGovern.

He would begin actively running himself for public office in 1974, with a failed run at the House of representatives, but would then be elected Arkansas Attorney General in 1976. Next he would become the Governor of that State in 1978. He was the youngest governor in the country at only 32 years old. He practiced law for a brief period after losing the position in 1980, but became reelected later and would stay as Governor for ten more years. It was during this period that he began to become an important figure in the Democratic Party at large. It was thought he might run for president in 1988, but he decided to instead support Michael Dukasis.

Bill Clinton trivia is of course going to have to include information on his presidency, which began in 1992 after his defeat of the first President Bush and Ross Perot. This was the end to a long period of Republican Rule in the White House.

His presidency is well remembered, but the recent life of Bill Clinton after his terms is also of interest. He was a firm supporter of his wife, Hilary Rodham Clinton’s own bid for the presidency, and then worked for the eventually successful election of the chosen democratic candidate, Barak Obama

Lying with statistics has always been part of politics, but it has perhaps become more prevalent as we have become more mathematically illiterate as a people. In fact, 65.7% of statistic are just plain false. Okay, I invented that one – but to make a point. One of the easiest ways to lie with statistics is to make them up. Being “precise” makes them more believable too, which is why I didn’t round that off to 67%.

Watch for unrealistically precise figures when you read or here statistics. Nobody can actually say to the nearest hundredth of a percent how overweight a population is, for example, or exactly how many homeless people there are. But what else should you watch for?

Here’s an small example pulled from a magazine I was reading. The May 2008 issue of Sierra Magazine had a small piece on the “hyper-consumptive, carbon spewing ways” of Western countries,” with the following quote: “Stephen Pacala, director of the Princeton Environmental Institute, claims that the planets richest 700 million people – a mere 7% of the world’s population – are responsible for half of the global greenhouse-gas emissions produced by fossil fuels.” Notice that if 700 million is 7% of the world’s population, we suddenly have 10 billion people in the world. The actual figure was about 6.7 billion as of 2008.

That kind of mistake is common in reporting. It is most likely a simple error, but on the other hand, it seems that the mistaken figures are often better for making the desired point than the true ones would be. It is bad enough if 10.3% of the world’s people produce over half of carbon emissions, but politically a stronger point if a mere 7% do. Watch for this kind of common mistake and/or manipulation of the statistics.

For another example of lying with statistics, watch election reporting. More than once I’ve seen the vote percentages given for the Republican and Democratic candidates add up to 100% in major elections – even presidential elections. Of course for that to be true there would have to be no votes for any other candidates. In reality, other parties often get several percent of the votes. What the news organizations are apparently reporting then, is the votes that they think matter. This kind of manipulation gives the impression that there are no other political parties, but there were a dozen that ran presidential candidates last time I voted.

Be careful too of the more subtle lying with statistics. For example, let me ask you a question: If a company’s profits go from 3% to 6%, did they rise 3% or 100%? Profits did double, which is a rise of 100%, but as a return on equity they moved only from 3% to 6%, which still leaves a poor rate of return compared to most industries.

How this is reported depends on the political slant of the news organization. If they want to attack the company for making too much money, they can write a headline that says; “XYZ Company sees 100% Increase In Profits!” Technically it is an accurate statement, but it hides a lot of truth, doesn’t it?

Lying with statistics is perhaps most evident in opinion polls. In this case, the manipulation of the truth is accomplished by the way in which questions are phrased. If a thousand people were asked, “Should the government help people who face losing their homes to foreclosure?” the number of people for such a program would certainly be higher than if a thousand were asked, “Should you be forced to pay more taxes to help people make the payments on their houses?” Notice that both accurately describe what the program would do.

As you watch the evening news or read newspapers and news magazines, stop at each statistic they throw out there. Ask if it is likely to be accurate, and how it was arrived at. Ask if it tells the whole truth, and what other ways things could be measured. Get online and look for other information. Lying with statistics will continue, but being fooled by them is optional.

earnings Using political intelligence to develop effective workplace relationships and improve performance levels Political intelligence training educates employees in the positive application of organisational politics

Many organisations invest heavily in their ‘talent pool’ by developing their EQ and IQ to assist in their rapid rise up the corporate ladder. They however, fail to acknowledge the need for PI (political intelligence), which gives them a far greater chance of survival when they get there. Intelligent Behaviour is almost useless unless you understand the political territory you are entering.

Organisational politics gets a bad rap. So much has been said against it that even those who believe in its merits talk in hushed voices. While political intelligence has done its rounds, it no longer remains a go-go area in most organisations. Speak of emotional intelligence, competitive intelligence, even artificial and digital intelligence; these receive far more attention from the human resources academia than political intelligence.

The Definition

The best definition of political intelligence calls it “the art of managing politics and developing an understanding of what politics is and what type of political ‘animals’ exist in today’s workplace, together with strategies on how to manage.” This intelligence is also about gathering information about people you work with, and using it to work effectively with even those people one perhaps dislikes.

In Favour of Political Intelligence

It is both official and down in writing that “political behaviour can be used to make things happen, unlock barriers to change, create greater buy-in to key projects, produce organisational cohesion and speed up decision making”.

Moreover, sufficient anecdotal evidence ranks the ability to manage politics as one of the top skills needed by managers today. This nonetheless has failed to elevate political intelligence to its full glory. Not surprising perhaps, as most managers have nothing nice to say about organisational politics. Unfortunately, their opinion is a product of their ‘political’ experiences.

A study conducted by Roffey Park Institute revealed that nearly 70 percent of managers complain of bearing the brunt of organisational politics. Such negative experiences adversely affect the trust between employees at nearly all organisational levels making the organisation a seedbed of ineffective working relationships.

Worse is when such relationships affect overall organisational performance. While the percentage of complainants is rather high, the good news is that this has more to do with the bad reputation that precedes organisational politics; a reputation based solely on misguided perceptions.

The Other Side of the Coin

Most managers have heard only the bad ‘political’ stories. The reality is that the negative application of political intelligence is what prevents both individuals and organisations from maintaining productive relationships and achieving business objectives in turn.

Since this is the case, managers need to see the positive side of organisational politics. This includes creating organisation-wide awareness of the merits of organisational politics, developing an understanding of how it can be used effectively and educating managers in the skills and practices to enable them to adjust their behaviours.

All this can be done by waving the training wand! 3D Training and Development, an enterprise committed to improving organisational performance conducts ‘positive organisational politics’ workshops to provide manages with an insight to what political intelligence is and can do. What follows is an outline of components of these workshops. This could serve as a guideline for organisations interested in the positive application of political intelligence.

Training Sets it Right

The workshop begins with a series of diagnostic tests to identify the levels of politics that goes on within the organisation. Asimple question such as, “What causes politics?” leaves maagers in no doubt that politics is an integral part of organisational functioning and that it does affect workplace behaviour either to a large or lesser extent.

This diagnostic is followed by a ‘political perceptions questionnaire’ where individuals are asked select options from a series of paired statements that cover the positive and negative aspects of organisational politics. With each negative alternative comes an explanation of how adversely it affects workplace relationships and performance.

Seeing is Believing

The objective of such diagnostics is to make individuals aware that what they choose to see is basically what they want to see! This self-created smokescreen colours how they perceive what a co-worker or colleague is doing and what is motivating them. In most cases these individuals end up misinterpreting the behaviour of others and politics takes the blame!

The main cause for ‘dirty’ politics in most organisations is when individuals spot the negatives more easily than the positives. It also is common for employees to view one person’s manoeuvring as conniving manipulation. Additionally some organisations unwittingly stimulate negative politics by creating processes that fuel internal conflicts. For instance, a race to get bigger budget allocations, awards and recognition. Such aspects that make politics negative come to surface during the diagnostic tests.

Goal

The entire emphasis of these workshops is to get managers to apply political intelligence to redefine the way they see others and interpret behaviour. Behavioural experts believe that by viewing others differently employees can change their beliefs about them. Better still, this will help them alter their own behaviours and gain self understanding and self acceptance of the different political ‘animals’ that exist in their organisation.

Last lap

The final set of diagnostics measures an individuals’ political quotient. An individual with higher political intelligence succeeds in aligning his goals with those of the organisation. That is because he understands what constitutes political behaviour, manoeuvres his way around it and therefore encounters lesser conflicts and divergent interests.

One with low political intelligence focuses primarily on self goals thereby limiting the range of development choices that he can explore. This interferes with his performance, which in turn affects his workplace relationships.

With these measurements in place the workshop then aims to improve the levels of political intelligence. Individuals go through a series of courses that cover key areas such as communication, networking and influence and are equipped with skills: tips to develop high levels of political intelligence.

The Merits of Political Intelligence Training

Conducting political intelligence workshops helps employees:

Identify personal preferences regarding political behaviour and assess their level of political intelligence Determine the extent to which their goals can be aligned with those of the organisation Understand the strengths and weaknesses of different political behaviours and formulate appropriate responses for each Consider the changes they need to make to improve their levels of political intelligence Create productive and meaningful workplace relationships Share a common language while interacting with other on organisational politics Get things done inspite of prevalence of organisational politics Work well with even those they dislike

Happy organisational politicking!

Low Cost Bargain

I find it amusing that these greatly exaggerated reports of Obama’s political and popularity demise has all but ceased.

Here’s the reason:

Approval rating has been trending up for the past two months while disapproval is distinctly trending down. The largest bump in approval rating occurred once the President rolled up his sleeves and pushed his way back into the debate over health care reform. Perhaps President Obama needs more Joe Wilson’s to help show how the arguments of one side have pretty much degenerated into a series of personal attacks with no true offers of compromise or pure discussion.

In my own words, this is the overall message that I picked up on at the Washington DC 9/12 rally.

"First of all, slow down the rate of expansion of govt and start actually adhering to the US Constitution. Also, get control of the debt."

The American people don’t really care which political party you belong to, we just want to know that we are not leaving our progeny some overwhelming debt burden.