A president's counsel (
postnominal PC) is an eminent
lawyer
A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters.
The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
who is appointed by the
President of Sri Lanka
The president of Sri Lanka ( ''Śrī Laṅkā Janādhipati''; ''Ilaṇkai janātipati'') is the head of state and head of government of the Democratic Socialist Republic of Sri Lanka. The president is the chief executive of the union governm ...
as an individual "learned in the law". The term is an honorific that replaced the
Queen's Counsel
A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
(QC), which Sri Lanka ceased appointing when it became a republic in 1972. It is equivalent to the appointment of a King's Counsel in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
and other
Commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth ...
realms, and that of
Senior Counsel in Commonwealth republics, bearing the same privileges, such as sitting within the
Bar of court.
The
professional
A professional is a member of a profession or any person who work (human activity), works in a specified professional activity. The term also describes the standards of education and training that prepare members of the profession with the partic ...
rank of being a President's Counsel is a status conferred by the President under Article 33 of the
Constitution of Sri Lanka
The Constitution of the Democratic Socialist Republic of Sri Lanka (, ) has been the constitution of the island nation of Sri Lanka since its original promulgation by the National State Assembly on 7 September 1978. it has been formally amended ...
. It does not entail the titleholder being employed by the President or state. Appointments are made from lawyers who have practiced as
counsel
A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''.
The word ''counsel'' can also mean advice given ...
in
original and
appellate
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...
courts for many years either in the
official
An official is someone who holds an office (function or Mandate (politics), mandate, regardless of whether it carries an actual Office, working space with it) in an organization or government and participates in the exercise of authority (eithe ...
or
unofficial bar
The unofficial bar in Sri Lanka
Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka, also known historically as Ceylon, is an island country in South Asia. It lies in the Indian Ocean, southwest of the Bay of Bengal, separa ...
. Holders of the title of President's Counsel appointed to the judiciary do not lose the title.
Since 2023, the President makes appointments of
Senior Instructing Attorneys-at-Law.
Appointment
The appointment is made by the
President of Sri Lanka
The president of Sri Lanka ( ''Śrī Laṅkā Janādhipati''; ''Ilaṇkai janātipati'') is the head of state and head of government of the Democratic Socialist Republic of Sri Lanka. The president is the chief executive of the union governm ...
by
letters patent
Letters patent (plurale tantum, plural form for singular and plural) are a type of legal instrument in the form of a published written order issued by a monarch, President (government title), president or other head of state, generally granti ...
, thereafter the appointed President's Counsel takes the oath of office at a ceremonial sitting of the
Supreme Court of Sri Lanka
The Supreme Court of Sri Lanka (; ) is the Supreme court, highest court in Sri Lanka and the final judicial instance of record. Established in 1801 and empowered to exercise its powers subject to the provisions of the Constitution of Sri Lanka ...
at which point the appointee is considered a President's Counsel and are
called to the Inner Bar.
Law officer
The law officers are the senior legal advisors to His Majesty's Government of the United Kingdom and devolved governments of Northern Ireland, Scotland and Wales. They are variously referred to as the Attorney General, Solicitor General, Lord Ad ...
s who are
public prosecutor
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible ...
s of the
Attorney General's Department are customarily appointed as President's Counsel after they are promoted to the grade of Additional Solicitor General. These may be singular appointments made several times a year after their promotion. Once in several years, several attorneys from the
unofficial bar
The unofficial bar in Sri Lanka
Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka, also known historically as Ceylon, is an island country in South Asia. It lies in the Indian Ocean, southwest of the Bay of Bengal, separa ...
will be appointed based on recommendations forwarded by the Chief Justice, Attorney General, and the President of the
Bar Association of Sri Lanka (BASL) to the President.
History
In 1903,
Frederick Dornhorst,
Ponnambalam Ramanathan and
Thomas De Sampayo were sworn in as the first
King's Counsel
A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
s in the island of Ceylon, which was a British colony at the time. Since then eminent lawyers who were
advocate
An advocate is a professional in the field of law. List of country legal systems, Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a ba ...
s were appointed as King's Counsel until the title changed to Queen's Counsel with the change of monarch in 1952. When Ceylon became a republic in 1972, appointments of QCs were no longer possible, and the equivalent of "Senior Attorney-at-Law" was used.
In 1984, President
J. R. Jayewardene the
Eighth Amendment to the Constitution of Sri Lanka granted the President powers to appoint "as President's Counsel, attorneys-at-law who have reached eminence in the profession and have maintained high standards of conduct and professional rectitude." It also grants President's Counsel "all such privileges as were hitherto enjoyed by Queen's Counsel". The holder can use the
post-nominal letters
Post-nominal letters, also called post-nominal initials, post-nominal titles, designatory letters, or simply post-nominals, are letters placed after a person's name to indicate that the individual holds a position, an academic degree, accreditation ...
PC after his or her name.
Criticism and reform
Although recommendations are made by the Chief Justice, Attorney General, and the President of the Bar Association of Sri Lanka; per the Eighth Amendment, the appointments are wholly within the gift of the President. Criticism has been made following the appointment of 75 President's Counsels by
President Maithripala Sirisena between 2017 and 2019. This had been after the Bar Association introduced a set of guidelines for appointing PCs in April 2016, which was based on the
constitution's Article 33(2)(e) which states that PCs should be "Attorneys-at-law who have reached eminence in the profession and have maintained high standards of conduct and professional rectitude".
Subsequently, new guidelines were issued in 2021, to regulate the appointment of PCs, aiming towards a more uniform and fair system. On 22 November 2021, the Gazette was issued by the Secretary to the President, P.B. Jayasundera. On 23 December 2023 President Ranil Wickremasinghe appointed 10 President's Counsel based on the above criteria. One year later, President Anura Kumara Dissanayake granted the patent to two Additional Solicitors General who are ex officio entitled to be made President's Counsel.
Current Criteria to be Appointed (As of 2021)
As per the new Guidelines, appointments of PCs should be limited to a maximum of 1 batch per year, and The number of PCs appointed per year should not exceed 10.
* To be appointed as a President's Counsel in Sri Lanka, you must be a qualified lawyer registered with the Supreme Court of Sri Lanka.
* You must have reached a high level of eminence and maintained professional conduct of the highest standard.
* You should have made significant contributions to the legal profession as a subject specialist at a senior level, either in Sri Lanka or internationally, and brought honor to Sri Lanka.
* You must have a good reputation and character and have been a taxpayer registered with the Department of Inland Revenue for at least 5 years.
* Training several junior lawyers who have made meaningful contributions to the profession, as well as authoring books or publications on law, are also considered as added merits.
* Normally, you must have been an Attorney-at-Law for at least 20 years to be eligible, however in exceptional cases, 15 years may suffice if other criteria are met.
* The President may consult the Chief Justice and the Attorney General before making appointments.
Notable President's Counsels
*
Dr Shivaji Felix
*
Harsha Fernando
*
Viran Corea
*
Mohamed Adamaly
*
Chamatha Unamboowe
*
Kaushalya Navarathna
*
Dr Asanga Gunawansa
*
Upul Kumarapperuma
*
Eraj de Silva
*
Faisza Markar
*
Shanil Kularathna
*
Dileepa Pieris
List of Senior Attorneys-at-Law
In 1984 Senior Attorneys-at-Law were reappointed as PCs.
*
H. L. de Silva
* Elmo Nimal Patrick Senanayake
References
{{Law of Sri Lanka
Ceremonial officers in Sri Lanka