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Insolvency and Bankruptcy Code (IBC)

Indian Economy

  • PYQs7
  • Articles1
I

Background

The IBC is crucial for India's economic stability, credit market efficiency, ease of doing business, and addressing the issue of non-performing assets (NPAs). Its effectiveness and evolution are key for financial sector reforms and governance.

The Insolvency and Bankruptcy Code (IBC), 2016, is a comprehensive law in India that provides a unified framework for insolvency and bankruptcy resolution for companies, partnerships, and individuals. It aims to consolidate existing laws relating to insolvency and bankruptcy and to ensure a time-bound resolution process for distressed assets, thereby promoting ease of doing business and improving credit recovery.

II

Facts & tables

Objective
Time-bound resolution for distressed companies and individuals, maximizing asset value.
Model Shift
Moved from a 'debtor-in-possession' (SICA) to a 'creditor-in-control' model.
Adjudicating Authorities
National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT).
Recent Developments
Proposed amendments (e.g., 2026 amendment discussed in article) introduce mechanisms like Creditor-Initiated Insolvency Resolution Process (CIIRP) to address delays, but face scrutiny over restrictive initiation rights.
Evolution of Insolvency Regimes in India
Regime Key Feature
Sick Industrial Companies Act (SICA) Debtor-in-possession, prone to promoter misuse and delays
Insolvency and Bankruptcy Code (IBC) Creditor-in-control, time-bound resolution, NCLT/NCLAT
Static syllabus anchors
Type Reference
Conceptual area Indian Economy
Institutions & roles
Body Role
National Company Law Tribunal (NCLT) Adjudicates insolvency cases
National Company Law Appellate Tribunal (NCLAT) Hears appeals against nclt orders
III

Prelims angle

Prelims angle: Factual recall

Prelims angle: Multi-statement analysis

  • Unified law for insolvency resolution (companies, individuals).
  • Aims for time-bound, value-maximizing resolution.
  • Shift from debtor-in-possession to creditor-in-control.
  • NCLT/NCLAT are adjudicating authorities.
  • Faces challenges like litigation delays and constitutional validity questions.
High-confidence PYQ links
Year Framing tags
2026 Statement-based questions, Conceptual understanding
2026 Multi-statement analysis, Conceptual understanding
2026 Statement-based questions, Conceptual understanding
2025 Statement-based questions, Institutional roles and functions
2024 Factual recall, Multi-statement analysis
2020 Conceptual understanding, Multi-statement analysis
2016 Statement-based questions, Conceptual understanding

Timeline

  1. Indian Economy

    Conceptual area

  2. Prelims 2016

    Statement-based questions, Conceptual understanding

  3. Prelims 2020

    Conceptual understanding, Multi-statement analysis

  4. Prelims 2024

    Factual recall, Multi-statement analysis

  5. Prelims 2025

    Statement-based questions, Institutional roles and functions

  6. Prelims 2026

    Statement-based questions, Conceptual understanding

  7. Prelims 2026

    Multi-statement analysis, Conceptual understanding

  8. Prelims 2026

    Statement-based questions, Conceptual understanding

  9. Towards a fair, efficient insolvency regime

    The IBC is India's unified law for time-bound insolvency resolution, shifting to a creditor-in-control model to improve asset recovery and business environment. It faces ongoing challenges like litigation delays and constitutional scrutiny over proposed amendments.

See also

Insolvency and Bankruptcy Code (IBC)
Judicial Review of Executive/Policy Decisions

Past papers

In the news

thehindu.com

Towards a fair, efficient insolvency regime

The IBC is India's unified law for time-bound insolvency resolution, shifting to a creditor-in-control model to improve asset recovery and business environment. It faces ongoing challenges like litigation delays and constitutional scrutiny over proposed amendments.

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