King’s Counsel, Queen’s Counsel and President’s Counsel in UK and Sri Lanka

By Sarath Wijesinghe

President’s Counsel are appointed by the President of Sri Lanka by powers derived from Article33(c) which states that the President has the power 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. Every President’s Counsel appointed under this paragraph shall be entitled to such privileges as were hitherto by a Queen’s Counsel. 

The Sri Lankan legal system is a mixture of English, Roman Dutch law, Kandyan, Jaffna, and Muslim personal laws when the procedure is laid down by English Law procedures and principles directly imported with the traditional on dress manners and conduct of court procedure with traditions applied in the UK on the appointment of “KCs” during Kings and “QCs” during Queen based on the sex of the sovereign.

There is a misunderstanding and confusion on the conflicting names of both jurisdictions to the litigant in seeking assistance and redress from senior lawyers and expert opening. As the recognition is given by the sovereign based on eminence in the professions they are expected to maintain certain guidelines practices and standards in performing of their duties and conduct in courts. 

They are the leaders of the Bar and prominence and preference is generally given by the judges and the rest of the Bar during the process of legal proceedings conduct litigation and in office and public functions such as ceremonial sittings where they are gives special attention and positions in the Inner Bar.

The President is expected to consult the Chief Justice and the final approval is given by him before whom the new eminent Attorneys take oaths as President’s Counsel at a ceremonial or a special sitting in the Supreme Court. Once appointed the new PCs are required to make appearances and prepare pleadings with junior lawyers and enhance professional fee is to be decided by the clerk and always the cases are to be conducted with instructing counsel who maintains the office file and dealing with paper work. 

Origin of the concept runs back to 1830 when KCs were appointed from and among senior advocate or counsel of generally over 15 years practice in the UK when it has enhanced to 25 years in Sri Lanka by directions of the President. The designation also named as obtaining Silk and the sovereign recognises the designation with the consent of the Chief Justice before whom the ceremony takes place. 

Practices and traditions in the UK are followed in Sri Lanka as in other areas of developments such as the dress, conductor of the ceremony and rituals. It is a tradition and may help the Bar to encourage the professionals to have aims and targets in the profession to improve the knowledge and jurisprudence in the development of the law. 

The first KCs were appointed in Sri Lanka in1903 by appointing Thomas Sampayo and Ponnamambalam Ramanathn, an eminent Judge and a leading litigator who made immense contribution to the legal profession and jurisprudence. 

After the 1972 Constitution President’s Counsel were appointed in place of Queen’s Counsel. There appear to be no resentment or objection on the appointment of PCs from the general public as it does not affect the judicial process when the demand of the services of the PCs are those who could afford and complicated litigation manly in the higher courts. 

The new batch of PCs are taking oaths in a ceremonial sitting today, 18 January, at the Supreme Court, adding the following President’s Counsel which will not be a burden to the public awaiting expert knowledge and standards in litigation: Chinthamanie Moonemalle Ballale, Satendra Maithri Guneratne, Mohamed Sheriffdeen Mohamed Hussain, Pilimathalawa Wijesundara Mudiyanselage Suriyashantha Bandara Iddawela, Dulip Flavien Raphael Jayamaha, Madurapperumage Chandrasiri Jayaratne, Liyana Mudiyanselage Vijitha Nandana Jayawickrema, Singhanathage Tharapathi Jayanaga, Upali Sarath Kongahage, Sunil Kithsirimevan Lankathilleka, Arunachalam Muttu Krishnan, Bamunuge Joseph Bernard Shanthi Perera, Subramaniam Paramarajah, Edmund Sirimevan Rajapakse, Mohan Rudolph Abeyratna Ratwatte, Shantha Chulabaya Rajapakse, Akmeemana Palliya Guruge Sarathchandra, Abdul Wahid Abdul Sathar, Palli Mulla Kapugamage Nelson de Silva, Velayuthapilli Thavarajah, Sarath Devasena Wijesinghe, Luckshan Mahinda Wijesundara, Priyal Thusitha Wijayweera, Saumya Amarasekera and Geethaka Goonawardene.

This group will be a part of the leading practitioners and litigators taking part in the development and jurisprudence in the new challenging and demanding maze of legal sphere ever improving in therein developments in commercial, shipping and dealings in the international legal sphere when the foreign companies need lawyers exposed to world affairs on par with other commercially inclined countries such as Japan, Korea, Hong Kong, Singapore, India, China and many emerging business hotspots which is an opportunity for Sri Lanka and the professionals.

(The writer, President’s Counsel, is former Secretary of the Bar Association and a former Ambassador.)