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Sakharam Ganesh Pandit (1875–1959), also known as S. G. Pandit, was an
Indian American Indian Americans or Indo-Americans are citizens of the United States with ancestry from India. The United States Census Bureau uses the term Asian Indian to avoid confusion with Native Americans, who have also historically been referred to ...
lawyer and civil rights activist. Pandit immigrated to the United States in 1906 and became a citizen in 1914. In 1923, he represented Bhagat Singh Thind in the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
case '' United States v. Bhagat Singh Thind'', which found that Indians were ineligible for United States citizenship. However, Pandit successfully fought against a subsequent attempt to remove his own citizenship, and the federal government thereafter gave up its efforts to denaturalize Indian Americans. Pandit died in Los Angeles in 1959.


Early life and immigration to the United States

Born in
Ahmedabad Ahmedabad ( ; Gujarati: Amdavad ) is the most populous city in the Indian state of Gujarat. It is the administrative headquarters of the Ahmedabad district and the seat of the Gujarat High Court. Ahmedabad's population of 5,570,585 (per ...
,
British India The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one ...
to a
Gujarati Gujarati may refer to: * something of, from, or related to Gujarat, a state of India * Gujarati people, the major ethnic group of Gujarat * Gujarati language, the Indo-Aryan language spoken by them * Gujarati languages, the Western Indo-Aryan sub- ...
Brahmin Brahmin (; sa, ब्राह्मण, brāhmaṇa) is a varna as well as a caste within Hindu society. The Brahmins are designated as the priestly class as they serve as priests ( purohit, pandit, or pujari) and religious teachers ( ...
family, Pandit received both an undergraduate and a doctoral degree from universities in India. Moving to the United States in 1906, Pandit initially made a living as a spiritual teacher in the tradition of Swami Vivekenanda, lecturing on topics such as the esoteric meanings of the life of Jesus. A 1910 pamphlet for a Kilbourn,
Wisconsin Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
class entitled "The Fourth Dimension or a Larger World", for example, depicts him against a mystical backdrop.


American citizenship

Pandit applied to become a United States citizen as a resident of California in 1914. The Bureau of Naturalization, charged with implementing the immigration laws of the time, argued that Pandit could not become a citizen as he was not a " free white person" or of African descent, as was required by law. The case stretched on for nine months, but Pandit was granted citizenship by the ruling of Judge Willis Morrison over the Bureau's objection, accepting his designation as white. Subsequently, Pandit became a lawyer and was admitted to the
California bar The State Bar of California is California's official attorney licensing agency. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, prescribing appropriate disciplin ...
, as well as being admitted to the federal bar to argue appeals before the
United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
. In 1920, Pandit married a white woman, Lillian Stringer. The marriage was only legal under California law because both were considered officially white. As a result of his marriage, Pandit was disinherited by his family and lost his right to an inheritance of property in India. As a naturalized US citizen, he renounced his British Indian citizenship, losing his doctoral degree in the process.


''United States v. Bhagat Singh Thind''

Pandit represented a fellow Indian American, Bhagat Singh Thind, in the 1923 case '' United States v. Bhagat Singh Thind'' before the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. The Court found that Thind was ineligible for United States citizenship because he did not qualify as a "white person". Following this case, the Bureau of Naturalization began action to strip Pandit and other Indian Americans of their citizenship, arguing it had been "illegally procured". By the time Pandit's case came to trial in 1926, forty-two of sixty-nine citizenships granted to Indians had been revoked. Pandit, a skilled lawyer, argued that under the doctrine of
equitable estoppel Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from b ...
, he would be irreversibly harmed by the revocation of his American citizenship, which he had reasonably relied upon - he would become stateless, lose his property and law license, and his wife would lose her citizenship as well. Judge Paul McCormick, the initial trial judge, ruled in Pandit's favor, accepting his arguments wholeheartedly. In 1926, in ''U.S. v. Pandit'', the Ninth Circuit upheld McCormick's ruling under the doctrine of
res judicata ''Res judicata'' (RJ) or ''res iudicata'', also known as claim preclusion, is the Latin term for "a matter decided" and refers to either of two concepts in both civil law and common law legal systems: a case in which there has been a final jud ...
. As a result of Pandit's case, the US government subsequently dropped its other denaturalization cases against Indian Americans. In 1930, Pandit was listed by a
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
committee investigating communism (the Fish Committee) as one of the executive chairs of the Los Angeles branch of the
All-America Anti-Imperialist League The All-America Anti-Imperialist League (also known as Anti-Imperialist League of the Americas, Spanish language, Spanish: ''Liga Antiimperialista de las Americas'' (''LADLA'')) was an international mass organization of Communist International esta ...
, describing him as an active participant "in the fight for independence of oppressed nationalities". In 1948, the Luce–Celler Act removed racial qualifications for naturalization under United States law, although it set strict nationality-based quotas that limited immigration from many predominantly non-white countries. Pandit died in Los Angeles in 1959 at the age of 84.


References

{{DEFAULTSORT:Pandit, Sakharam Ganesh 1875 births 1959 deaths United States immigration and naturalization case law Race and law in the United States Anti-Indian sentiment in the United States Indian-American history 1927 in United States case law Indian emigrants to the United States American people of Gujarati descent Indian activists