President’s Counsel in Sri Lanka: A Title in Crisis of Credibility
In any credible legal system, professional recognition must rest on merit, integrity, and transparent evaluation. Yet in Sri Lanka today, the prestigious title of President’s Counsel (PC) has increasingly become a subject of public skepticism, professional frustration, and institutional concern. What was once intended as a mark of exceptional legal distinction now risks being perceived as a politically distributed privilege.
Officially, the appointment of President’s Counsel is governed by gazetted criteria and administrative procedures. In theory, candidates are expected to demonstrate outstanding advocacy, ethical conduct, and long-standing contributions to the legal profession. In practice, however, many lawyers argue that these standards are inconsistently applied and selectively enforced.
A growing perception within the legal community is that proximity to political power—rather than professional excellence—has become the decisive factor. Lawyers who serve as legal advisers to Presidents, maintain close relationships with political leadership, or demonstrate political loyalty often appear to receive preferential treatment. Meanwhile, equally competent and experienced practitioners remain overlooked.
This situation has fostered deep resentment within the Bar. Many senior lawyers now openly question whether the PC title reflects legal merit or political convenience. The lack of transparency in the selection process has further eroded confidence. There is no publicly disclosed scoring system, no independent evaluation panel, and no formal examination or peer-reviewed assessment. Appointments are ultimately made at the discretion of the President, creating inevitable conflicts of interest.
Historically, Sri Lanka inherited this tradition from the British system of King’s Counsel and Queen’s Counsel. After becoming a republic, the title was renamed President’s Counsel, but its colonial structure and executive-centered appointment model remained largely unchanged. What was meant to symbolize continuity with professional excellence has instead become outdated in a modern democratic framework.
Comparatively, many advanced legal systems have moved away from such politically conferred titles. In the United States, legal reputation is built through courtroom performance, scholarship, and peer recognition. In India, Malaysia, and Singapore, while senior advocates exist, their status is determined through institutional procedures, judicial involvement, and transparent vetting mechanisms—not personal connections to political leaders.
The distinction between seniority and excellence is important. Experienced lawyers naturally earn respect through years of practice and proven competence. However, in Sri Lanka, the PC designation goes beyond professional recognition. It carries social prestige, commercial advantage, and symbolic authority. When such power is distributed arbitrarily, it distorts competition within the profession and undermines equality.
Critics argue that the current system encourages careerism over integrity. Instead of focusing on legal scholarship, public interest litigation, or courtroom excellence, some practitioners are incentivized to cultivate political relationships. This weakens professional independence and blurs the boundary between law and politics.
Furthermore, unlike other professional honours, the PC title does not require candidates to pass rigorous assessments, publish scholarly work, demonstrate landmark legal contributions, or undergo peer review. There is no structured mechanism to evaluate “legal miracles,” innovative jurisprudence, or exceptional service to justice. The absence of objective benchmarks reduces the title to a discretionary reward.
As Sri Lanka seeks to strengthen democratic institutions and restore public trust, reforming the President’s Counsel system has become unavoidable. Several proposals have emerged within the legal community:
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Establishing an independent appointments commission
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Introducing transparent selection criteria
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Involving the judiciary and Bar Association in evaluations
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Publishing reasons for appointments
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Limiting executive discretion
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Or abolishing the title altogether
Some senior lawyers have gone further, calling for the complete removal of the PC designation. They argue that genuine professional respect cannot be manufactured through presidential patronage. True authority in law must emerge organically through competence, ethics, and service.
In a modern republic committed to equality before the law, no lawyer should rise above others merely through political favour. Legal distinction must be earned, not granted. If the President’s Counsel system cannot be reformed to reflect these values, then its continued existence serves no meaningful purpose.
The question Sri Lanka must now confront is simple: Should professional excellence be measured by loyalty to power, or by loyalty to justice?
The answer will determine not only the future of the legal profession, but the credibility of the rule of law itself.