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President's Counsel

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Not to be confused with Office of Counsel to the President.

A president's counsel (postnominal PC) is an eminent lawyer who is appointed by the President of Sri Lanka as an individual "learned in the law". The term is an honorific that replaced the Queen's Counsel (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 and other Commonwealth realms, and that of Senior Counsel in Commonwealth republics, bearing the same privileges, such as sitting within the Bar of court.

The professional rank of being a President's Counsel is a status conferred by the President under Article 33 of the Constitution of Sri Lanka. It does not entail the titleholder being employed by the President or state. Appointments are made from lawyers who have practiced as counsel in original and appellate courts for many years either in the official or unofficial bar. 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.[1]

Appointment

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The appointment is made by the President of Sri Lanka by letters patent, thereafter the appointed President's Counsel takes the oath of office at a ceremonial sitting of the Supreme Court of Sri Lanka at which point the appointee is considered a President's Counsel and are called to the Inner Bar.

Law officers who are public prosecutors 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 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

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In 1903, Frederick Dornhorst, Ponnambalam Ramanathan and Thomas De Sampayo were sworn in as the first King's Counsels in the island of Ceylon, which was a British colony at the time. Since then eminent lawyers who were advocates 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 PC after his or her name.[2]

Criticism and reform

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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".[3][4]

Subsequently, new guidelines were issued in 2021, to regulate the appointment of PCs, aiming towards a more uniform and fair system.[5][6] On 22 November 2021, the Gazette was issued by the Secretary to the President, P.B. Jayasundera.[7]

Current Criteria to be Appointed (As of 2021)

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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.[8][9][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

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List of Senior Attorneys-at-Law

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In 1984 Senior Attorneys-at-Law were reappointed as PCs.

References

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  1. ^ "President to confer high honour on senior eminent instructing attorneys". Sunday Times. Retrieved 3 May 2024.
  2. ^ "Appointment of President's Counsel".
  3. ^ "Appointment of President's Counsel - Emphasis on meeting criteria". 12 August 2019.
  4. ^ "Appointment of Presidents Counsel: Guidelines formulated". 25 November 2021.
  5. ^ "Gazette issued outlining guidelines to appoint President's Counsels".
  6. ^ http://www.colombopage.com/archive_21B/Nov25_1637826585CH.php
  7. ^ "Special gazette introduces new guidelines for appointing President's Counsels".
  8. ^ "Appointment of Presidents Counsel: Guidelines formulated". 25 November 2021.
  9. ^ "New guidelines gazetted to appoint President's Counsel". 25 November 2021.
  10. ^ "New guidelines for the appointment of President's Counsels - Gazette issued".
  11. ^ "25 senior lawyers appointed as President's Counsel". www.adaderana.lk.
  12. ^ "Sri Lanka News - Online edition of Daily News - Lakehouse Newspapers". archives.dailynews.lk.
  13. ^ Jeyaraj, D. B. S. (30 September 2000). "Obituary: A pioneering leader - M.H.M. Ashraff, 1948-2000". Frontline. 17 (20).
  14. ^ Samad, Ashraff A. (16 September 2012). "Remembering a Minister, poet and inspiring Muslim leader". The Sunday Times (Sri Lanka).
  15. ^ "SLMC, NUA remember late leader Ashraff". TamilNet. 16 September 2003.
  16. ^ a b c d Profiles of New President's Counsel, Daily News
  17. ^ "Prasantha appointed Honorary Consul for Seychelles in Sri Lanka :::DailyFT - be Empowered". Archived from the original on 2015-05-27. Retrieved 2015-05-27.
  18. ^ a b c d e "History of the Office of Attorney General in Sri Lanka". Attorney General's Department - Sri Lanka. Retrieved 16 July 2018.
  19. ^ "--Pow Wow". archives.sundayobserver.lk.
  20. ^ "Court has jurisdiction: President's Counsel".
  21. ^ "Features - Online edition of Daily News - Lakehouse Newspapers". archives.dailynews.lk.
  22. ^ "Lawasia -". Archived from the original on 2018-05-29. Retrieved 2018-05-28.
  23. ^ AG. "Attorney General Palitha Fernando PC retires". www.attorneygeneral.gov.lk.
  24. ^ Maniccavasgar, Chelvatamby (8 March 2009). "Add. Solicitor General to take silk as PC". The Sunday Times (Sri Lanka).
  25. ^ Maniccavasgar, Chelvatamby (5 March 2009). "A. Gnanathasan takes Silk as President's Counsel". Daily News (Sri Lanka). Archived from the original on 10 March 2009.
  26. ^ a b "President appoints 21 President's Counsel members". www.adaderana.lk.
  27. ^ "Mrs. Farzana Jameel swore as President's Counsel – Colombo News Today. LK". Archived from the original on 2016-08-17. Retrieved 2016-10-18.
  28. ^ "Additional Solicitor General Sarath Jayamanne appointed President's Counsel - Sri Lanka Latest News". 18 February 2015.
  29. ^ "The Law Officers". www.attorneygeneral.gov.lk.
  30. ^ a b "ePaper | Online edition of Daily News - Sri Lanka". epaper.dailynews.lk. Retrieved 2017-05-20.
  31. ^ "Priyantha appointed Judge of Supreme Court - FT Online". www.ft.lk.
  32. ^ "Funeral of former AG to be held at Borella cemetery today". The Island (Sri Lanka). 15 August 2007.
  33. ^ Neelakandan, Kandiah (17 August 2007). "Appreciation: Late Mr. K.C. Kamalasabayson, P.C., Former Attorney-General". The Island (Sri Lanka).
  34. ^ "2012 - Award winners". Ceylon Today. 4 January 2013.
  35. ^ Ramanayake, Wasantha (5 May 2005). "Interim Committee SLC directed to maintain status quo". Daily News (Sri Lanka).
  36. ^ "The role of the judiciary in upholding democracy: Lessons from Sri Lanka". The Sunday Times (Sri Lanka). 1 February 2015.
  37. ^ "Sri Lanka's Legal Fraternity In Jeopardy – Tilak Marapana Reveals".
  38. ^ Selvanayagam, S. S. (19 December 2011). "Forth generation of Musthaphas forays into legal domain". Daily FT.
  39. ^ "Father and son both President's counsel". The Island (Sri Lanka). 16 November 2012.
  40. ^ Arumugam, S. (1997). Dictionary of Biography of the Tamils of Ceylon. p. 131.
  41. ^ a b LTD, Lankacom PVT. "The Island". www.island.lk.
  42. ^ a b [1]
  43. ^ a b "25 President's Counsel to be appointed - Breaking News | Daily Mirror".
  44. ^ "25 attorneys to be appointed President's Counsel".
  45. ^ "25 new President's Counsel to take oaths next month".
  46. ^ "Sri Lanka : Twenty five new President\'s Counsels to be sworn in".
  47. ^ "Bar Council Delegates - BASL". 28 February 2020.
  48. ^ a b "25 senior lawyers made President's Counse". The Daily Mirror. Colombo, Sri Lanka. 27 April 2017. Retrieved 7 May 2017.
  49. ^ "Twenty-five senior lawyers appointed President's Counsels". Daily News. Colombo, Sri Lanka. 27 April 2017. Retrieved 7 May 2017.
  50. ^ "President's Counsel A.R.Surendran no more". Tamil Diplomat. 12 April 2016.
  51. ^ "President's Counsel A. R. Surendhran passed away". Ceylon Today. 12 April 2016. p. A4. Archived from the original on 28 April 2016.
  52. ^ Altaf, Saleem (6 August 2006). "Neelan Tiruchelvam: Distinguished son of esteemed father". The Island (Sri Lanka).
  53. ^ "Useful Contacts". Archived from the original on 2016-10-19. Retrieved 2016-10-18.
  54. ^ A successful criminal lawyer, Daily News
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