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Abolishing the President’s Counsel Status in Sri Lanka: A Necessary Reform?

-By Legal Affairs Correspondent

(Lanka-e-News -06.March.2025, 11.00 PM)  Sri Lanka’s President’s Counsel (PC) status, often regarded as the equivalent of the British Queen’s Counsel (QC) designation, was originally meant to honor distinguished legal professionals for their expertise and contributions to the legal field. However, in recent years, its credibility has been called into question, with allegations that it has become a political tool rather than a recognition of legal excellence.

Critics argue that this prestigious title has been handed out arbitrarily, often to lawyers with questionable competence but strong political affiliations. It is no longer necessarily a mark of legal brilliance but rather an indicator of one's proximity to political power. If a lawyer plays the right political game, supports the right politicians, and defends the right (or wrong) people, a President’s Counsel appointment seems to follow—regardless of legal merit.

One of the most controversial figures in this discussion is Ali Sabry, a lawyer who ascended from relative obscurity to national prominence through his close ties with former President Gotabaya Rajapaksa. Once a small-time legal practitioner handling minor cases for a few hundred rupees, Sabry was catapulted into the political and legal limelight, receiving the coveted President’s Counsel title before being appointed as Sri Lanka’s Minister of Justice, Minister of Finance, and eventually Minister of Foreign Affairs. Each of these appointments raised eyebrows, not for his expertise, but for his apparent lack of qualifications and experience in handling such critical roles.

Legal Excellence or Political Loyalty?

The core issue surrounding the President’s Counsel designation is its increasing association with political favoritism rather than legal acumen. The title was traditionally reserved for the most accomplished legal minds in the country—those who demonstrated exceptional skill, deep legal knowledge, and a commitment to justice. However, the inclusion of lawyers whose credentials are dubious at best and politically motivated at worst has undermined the credibility of the designation.

Consider the case of Ali Sabry. Despite holding a top legal title and serving as Justice Minister, there is little evidence of substantial legal reform under his tenure. His brief stint as Finance Minister saw him unilaterally declare Sri Lanka’s bankruptcy—an action that lacked the necessary expert consultation and resulted in economic chaos. His tenure as Foreign Minister was equally perplexing, as he made ill-informed geopolitical statements and appeared out of depth in diplomatic affairs.

Additionally, his proficiency in English—an essential skill for international diplomacy and legal affairs—was a subject of ridicule when he represented Sri Lanka on global platforms. Reports suggest that his speech at the Oxford Union was more of a paid PR stunt than a genuine recognition of his legal intellect.

A System in Need of Reform

Given these concerns, the call to abolish the President’s Counsel status is growing louder. Supporters of abolition argue that:

  1. The Title No Longer Represents Legal Merit – Political favoritism has diluted its value.

  2. It Creates an Unfair Professional Hierarchy – Lawyers with political connections receive an unfair advantage over genuinely talented legal professionals.

  3. It Serves No Real Purpose – The President already has a legal team, making the designation redundant.

  4. It Undermines Public Trust in the Legal System – When individuals with questionable competence receive high-status legal recognition, it damages faith in the judiciary.

The Path Forward

If Sri Lanka is serious about upholding legal integrity, it must either abolish the President’s Counsel status or establish a transparent, merit-based system for awarding it. Any new system must ensure that legal professionals receive recognition based on their expertise, contributions to legal scholarship, and commitment to justice—rather than their political affiliations.

As for those who have used their titles to advance personal and political interests rather than justice, an independent inquiry should be conducted. If individuals like Ali Sabry have misused their positions, accountability must follow—whether through legal scrutiny, disbarment, or the revocation of privileges granted under dubious circumstances.

The legal profession in Sri Lanka deserves better than a system that rewards political loyalty over legal excellence. Abolishing—or at the very least, reforming—the President’s Counsel status is a necessary step toward restoring faith in the country’s legal institutions.

--By Legal Affairs Correspondent

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by     (2025-03-06 18:26:39)

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