Time to Scrap the President's Counsel?: Sri Lanka's Legal Profession at a Crossroads
By Our Legal Affairs Correspondent
The prestige of Sri Lanka's legal profession is facing scrutiny as a growing chorus of lawyers, academics, and citizens call for the abolition of the President's Counsel (PC) title. Critics argue the status, once intended to honour eminent legal minds, has devolved into a political reward for loyalty rather than a recognition of merit .
The roots of the debate lie in how the title is conferred. Under Article 33 of the Constitution, the President has the sole discretion to appoint lawyers as President's Counsel. The framers intended for this to recognize attorneys who "have reached eminence in the profession and have maintained high standards of conduct and professional rectitude" . However, with the President holding the final say, the system is vulnerable to abuse .
The Politics of Patronage
The controversy is most vividly illustrated by the career of Ali Sabry. A political ally of the Rajapaksa family, Sabry was granted the PC title before being appointed to the nation's most senior cabinet positions, including Justice and Finance Minister . His ascension from a modest legal practice to the Inner Bar and high office was viewed by many in the legal community as a consequence of political loyalty, not legal brilliance .
Critics within the Bar point to his performances on the international stage as evidence of the system's failure. A much-criticized speech at the Oxford Union—which many saw as a paid PR exercise rather than a display of legal intellect—and his handling of the bankruptcy declaration highlighted a perceived lack of qualifications for such high-profile roles. "[He is] a third-class, uneducated lawyer who cannot draft a legal argument in English," one senior attorney was quoted as saying, "yet given the PC title. It was a handout, not a recognition" .
A History of Favouritism
The abuse is not new, nor is it isolated to one individual. Between 2017 and 2019, former President Maithripala Sirisena appointed an unprecedented 75 President's Counsels, a move many saw as diluting the value of the designation . In 2023, President Ranil Wickremesinghe also made appointments that reignited the debate, with some of the chosen individuals having held strong political ties .
In a pointed critique of the current practice, a senior barrister was cited saying, "If a donkey can be made a Presidential Counsel, why should the rest of us care?" . This sentiment encapsulates the anger within the profession, where junior lawyers see the path to the Inner Bar blocked by political machinations rather than merit.
The Case for Abolition
The movement to scrap the PC status rests on three key arguments: Merit, Equality, and Independence.
1. Merit: The title is not earned through competitive examination or peer review but is bestowed. This undermines the profession's integrity by rewarding servility to power over excellence in the courtroom .
2. Equality: The privileges of being a PC, such as sitting in the "Inner Bar" and receiving precedence in court, create a two-tier system of justice. The law should be blind to titles, and ordinary litigants should not be sidelined for those who can afford politically connected lawyers .
3. Independence: The PC system ties the profession's highest honour to the Executive, compromising the independence of lawyers who might otherwise feel pressured to moderate their criticism of the government .
A New Direction
The Bar Association of Sri Lanka (BASL) has attempted to introduce guidelines and criteria—such as requiring 20 years of practice and significant contributions to the law—but critics note these remain suggestions rather than safeguards .
There are calls for Sri Lanka to follow the example of India and South Africa, where senior counsel is appointed through independent, transparent panels rather than by political leaders . Alternatively, the government could abolish the status entirely, allowing lawyers to be judged by the quality of their arguments in court, not the patronage of the President .
As President Anura Kumara Dissanayake's administration marks its first year, the decision to reform or abolish the PC title could signal whether Sri Lanka is truly committed to building a meritocracy in its legal institutions. Abolishing the system would send a powerful message that the country values legal excellence over political favours. The time has come to draw the curtain on this relic of presidential gift-giving and restore faith in the independence and integrity of Sri Lanka's legal system.