President's Counsel (

postnominal 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, academic degree, accreditation, ...

PC) is an eminent lawyer who is appointed by the President of Sri Lanka to be one of the "President's Counsel learned in the law". The term is also recognized as an honorific which replaced the practice of appointment of

Queen's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister o ...

(QC) which ceased when Sri Lanka became a republic in 1972. It is equivalent to the appointment of 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 Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...

and other Commonwealth realms, such as

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...

, and the equivalent of

Senior Counsel The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdictio ...

in Commonwealth republics, such as

South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. It is bounded to the south by of coastline that stretch along the Atlantic Ocean, South Atlantic and Indian Oceans; to the ...

, and derives the same privileges such as the privilege of sitting within the Bar of court. President's Counsel is a

professional A professional is a member of a profession or any person who works in a specified professional activity. The term also describes the standards of education and training that prepare members of the profession with the particular knowledge and ski ...

rank and

status Status (Latin plural: ''statūs''), is a state, condition, or situation, and may refer to: * Status (law) ** City status ** Legal status, in law ** Political status, in international law ** Small entity status, in patent law ** Status confere ...

, conferred by the President under the Article 33 of the

Constitution of Sri Lanka The Constitution of the Democratic Socialist Republic of Sri Lanka ( si, ශ්‍රී ලංකා ආණ්ඩුක්‍රම ව්‍යවස්ථාව, Śrī Laṃkā āndukrama vyavasthāva, ta, இலங்கை அரசிய� ...

which is recognised by

court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...

s. It does not entail the title holder to be a state prosecutor or employed by the state or part of the office of the President. Appointments are made from Attorneys-at-Law who have practiced as counsel in

original Originality is the aspect of created or invented works that distinguish them from reproductions, clones, forgeries, or substantially derivative works. The modern idea of originality is according to some scholars tied to Romanticism, by a notion t ...

and

appellate In law, an appeal is the process in which 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 clarifying and ...

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.

Appointment

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 prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tria ...

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 will be appointed based on recommendations forwarded by the Chief Justice, Attorney General and the President of the Bar Association of Sri Lanka to the President.

History

In 1903, Frederick Dornhorst,

Ponnambalam Ramanathan Sir Ponnambalam Ramanathan, CMG, KC ( ta, பொன்னம்பலம் இராமநாதன், translit=Poṉṉampalam Irāmanātaṉ; 16 April 1851 – 26 November 1930) was a Ceylon Tamil lawyer, politician and Solicitor-General ...

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 was no longer possible and equivalent of "Senior Attorney-at-Law" used. In 1984 the 8th amendment to the constitution of 1978 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.

Appointment

History

Notable President's Counsels

List of Senior Attorneys-at-Law

References