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President's Counsel

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This is an old revision of this page, as edited by RadioactiveBoulevardier (talk | contribs) at 07:20, 6 November 2022 (Adding short description: "Professional title in Sri Lanka"). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

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

President's Counsel (postnominal 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 (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 and other Commonwealth realms, such as New Zealand, and the equivalent of Senior Counsel in Commonwealth republics, such as South Africa, and derives the same privileges such as the privilege of sitting within the Bar of court.

President's Counsel is a professional rank and status, conferred by the President under the Article 33 of the Constitution of Sri Lanka which is recognised by courts. 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 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.

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 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 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 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.[1]

Notable President's Counsels

List of Senior Attorneys-at-Law

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

References

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  2. ^ "25 senior lawyers appointed as President's Counsel". www.adaderana.lk.
  3. ^ "Sri Lanka News - Online edition of Daily News - Lakehouse Newspapers". archives.dailynews.lk.
  4. ^ Jeyaraj, D. B. S. (30 September 2000). "Obituary: A pioneering leader - M.H.M. Ashraff, 1948-2000". Frontline. 17 (20).
  5. ^ Samad, Ashraff A. (16 September 2012). "Remembering a Minister, poet and inspiring Muslim leader". The Sunday Times (Sri Lanka).
  6. ^ "SLMC, NUA remember late leader Ashraff". TamilNet. 16 September 2003.
  7. ^ a b c d Profiles of New President's Counsel, Daily News
  8. ^ "Prasantha appointed Honorary Consul for Seychelles in Sri Lanka :::DailyFT - be Empowered". Archived from the original on 2015-05-27. Retrieved 2015-05-27.
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  10. ^ "--Pow Wow". archives.sundayobserver.lk.
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  13. ^ AG. "Attorney General Palitha Fernando PC retires". www.attorneygeneral.gov.lk.
  14. ^ Maniccavasgar, Chelvatamby (8 March 2009). "Add. Solicitor General to take silk as PC". The Sunday Times (Sri Lanka).
  15. ^ 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.
  16. ^ "MRS. Farzana Jameel sworn as President's Counsel – Colombo News Today. LK". Archived from the original on 2016-08-17. Retrieved 2016-10-18.
  17. ^ "Additional Solicitor General Sarath Jayamanne appointed President's Counsel - Sri Lanka Latest News". 18 February 2015.
  18. ^ "The Law Officers". www.attorneygeneral.gov.lk.
  19. ^ a b "President appoints 21 President's Counsel members". www.adaderana.lk.
  20. ^ "Priyantha appointed Judge of Supreme Court - FT Online". www.ft.lk.
  21. ^ "Funeral of former AG to be held at Borella cemetery today". The Island (Sri Lanka). 15 August 2007.
  22. ^ Neelakandan, Kandiah (17 August 2007). "Appreciation: Late Mr. K.C. Kamalasabayson, P.C., Former Attorney-General". The Island (Sri Lanka).
  23. ^ "2012 - Award winners". Ceylon Today. 4 January 2013.
  24. ^ Ramanayake, Wasantha (5 May 2005). "Interim Committee SLC directed to maintain status quo". Daily News (Sri Lanka).
  25. ^ "The role of the judiciary in upholding democracy: Lessons from Sri Lanka". The Sunday Times (Sri Lanka). 1 February 2015.
  26. ^ a b "ePaper | Online edition of Daily News - Sri Lanka". epaper.dailynews.lk. Retrieved 2017-05-20.
  27. ^ "Sri Lanka's Legal Fraternity In Jeopardy – Tilak Marapana Reveals".
  28. ^ Selvanayagam, S. S. (19 December 2011). "Forth generation of Musthaphas forays into legal domain". Daily FT.
  29. ^ "Father and son both President's counsel". The Island (Sri Lanka). 16 November 2012.
  30. ^ Arumugam, S. (1997). Dictionary of Biography of the Tamils of Ceylon. p. 131.
  31. ^ "Lawasia -". Archived from the original on 2018-05-29. Retrieved 2018-05-28.
  32. ^ a b LTD, Lankacom PVT. "The Island". www.island.lk.
  33. ^ a b http://www.sundayobserver.lk/2018/12/23/news/twenty-five-new-president%E2%80%99s-counsel
  34. ^ a b "25 President's Counsel to be appointed - Breaking News | Daily Mirror".
  35. ^ "25 attorneys to be appointed President's Counsel".
  36. ^ "25 new President's Counsel to take oaths next month".
  37. ^ "Sri Lanka : Twenty five new President\'s Counsels to be sworn in".
  38. ^ "Bar Council Delegates - BASL". 28 February 2020.
  39. ^ a b "25 senior lawyers made President's Counse". The Daily Mirror. Colombo, Sri Lanka. 27 April 2017. Retrieved 7 May 2017.
  40. ^ "Twenty-five senior lawyers appointed President's Counsels". Daily News. Colombo, Sri Lanka. 27 April 2017. Retrieved 7 May 2017.
  41. ^ "President's Counsel A.R.Surendran no more". Tamil Diplomat. 12 April 2016.
  42. ^ "President's Counsel A. R. Surendhran passed away". Ceylon Today. 12 April 2016. p. A4. Archived from the original on 28 April 2016.
  43. ^ Altaf, Saleem (6 August 2006). "Neelan Tiruchelvam: Distinguished son of esteemed father". The Island (Sri Lanka).
  44. ^ "Useful Contacts". Archived from the original on 2016-10-19. Retrieved 2016-10-18.
  45. ^ A successful criminal lawyer, Daily News
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