Harish Salve as Queen's Counsel for England and Wales

On 16th January 2020, 114 new appointments were announced as the Queen’s Counsel. Something that attracts our attention over this press release is the appointment of India’s former Solicitor General and one of the most esteemed senior advocate, Harish Salve as Queen’s Counsel (herein referred to as QC) for the courts of England and Wales. His name was present in the list of appointments of those ‘taking silk’, which basically is a reference to their court dress. This list was released by the UK’s Ministry of Justice.

Accordingly, the award of QC is for excellence in the field of advocacy in higher courts.[1] This title is awarded to advocates who have rights of audience in the higher courts of England and Wales and have demonstrated the competencies in the Competency Framework[2] to a standard of excellence.

Who is a QC?

In the United Kingdom and Commonwealth countries, a Queen's Counsels were appointed during the reign of the Queen. The monarch of the State appoints someone who is a Counsel, learned in the law. This position has originated primarily in England. This office, though provided by the Crown, is recognised by the Courts and the members are given silk gowns and henceforth called ‘taking silk’ or ‘silks’. QCs have the privilege of sitting within the bar, and in order to become so, a lawyer has to serve as a barrister or a Scottish advocate for at least ten years. Traditionally, only barristers were appointed as QC but this trend has lately changed and even solicitors can be appointed as QC.

History dates back to 1597 when Sir Francis Bacon was first appointed as the QC. This position was extraordinary in contrast to the ordinary Attorney-General, Solicitor-General and King Sergeants. As a QC, they charge higher fees than ordinary barristers and are entitled to sit in the front row in the court. Also, the position of a QC comes with certain disadvantages. QC is prohibited from appearing in the court against the Crown without a special license. They are also banned from drafting pleadings alone without a junior counsel and they are also not allowed to appear in the court without a junior counsel.

Harish Salve an eminent legal luminary

Harish Salve is a senior Indian advocate who has served as the Solicitor General of India from 1st November 1999 to 3rd November 2002. He was born in a Marathi family to Mr. N.K.P. Salve and Ambriti Salve. There was a lineage of law in his blood itself as his grandfather, Mr. PK. Salve was a successful criminal lawyer and his great-grandfather was a subordinate judge.

Salve secured his Law degree from Nagpur University and began his legal career in 1980 at J.B. Dadachandji & Co., firstly as an intern and later as a full-time lawyer. He has also assisted Nani Palkhivala in the Minerva Mills case.[3] Salve was lucky enough to have worked with former Attorney General, Soli Sorabjee for a period of six long years, i.e., from 1980 to 1986. In the year 2013, Salve was admitted to the English Bar and subsequently joined the Blackstone Chambers.

Adv. Salve has been involved in various high profile cases and is considered an expert in law and legal interpretation. He has represented clients like Mukesh Ambani's Reliance Industries, Tata Group and ITC Limited. Salve has represented in a $2.5billion tax dispute case, well known as the Vodafone Case[4] and has won the matter in the Supreme Court. Apart from the Civil matters, Mr. Salve is also an expert in criminal matters and this can be well said from his representation in the Salman Khan hit-and-run case, where on 10th December 2015 the actor Salman Khan was acquitted of all charges from the 2002 hit-and-run case and the drunk-and-drive case. Something that adds more cherries to Mr. Salve’s legal career is the Kulbhushan Jadav Case[5], where Mr. Salve represented India before the International Court of Justice (ICJ). Kulbhushan Yadav was sentenced to death by the Pakistani military court on the charges of espionage and it was only because of the efforts of Mr. Salve that ICJ in the year 2019 ordered a temporary stay on Jadhav's execution until a final verdict is declared. This was a massive victory amidst all the political tensions and Mr. Slave had charged only Re. 1 for his service to the nation.

Salve as QC

Mr. Harish Salve's designation as a QC comes as a much pride to the nation and is the most fulfilling thing than a legal practitioner would have ever dreamt of. The 63-year-old will now take silk on 16th March at a ceremony in West-minister Hall and this will be preceded by taking of the oath in the UK High Court[6]. The recognition of QC has equated him to the same stature in both jurisdictions. This recognition instills faith in the eyes of the people and this title is recognized and valued all over the world. No doubt, the role of QC in English Legal system is a significant one as it will not only provide a quality mark but will also encourage the advocates to maintain their high standards of research and advocacy.

[Profile of the Author-Priyanka Jaiswal, 4th Year, National University of Study and Research in Law, Ranchi.]

[1] http://www.qcappointments.org/ accessed on 24.01.2020.

[2] http://www.qcappointments.org/wp-content/uploads/2017/02/The-Competency-Framework-2017.pdf, accessed on 24.01.2020.

[3] AIR 1980 SC 1786.

[4] (2012) 6 SCC 613.

[5] International Court of Justice, https://www.icj-cij.org/en/case/168, accessed on 25.01.2020.

[6] Naomi Canton, "Harish Salve appointed as Queen's Counsel," Times of India, 19.01.2020, https://timesofindia.indiatimes.com/world/uk/harish-salve-appointed-as-queens-counsel/articleshow/73393228.cms, accessed on 25.01.2020.