A president's counsel (postnominalPC) 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.
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
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
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)
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.
