UPSC Notes

Insolvency and Bankruptcy Code (IBC), 2016

PYQs

10

Articles

1

Momentum

19

Phase IFoundation

Background

Overview

IBC is a landmark economic reform impacting banking, corporate governance, ease of doing business, and credit availability. Its effectiveness, challenges in implementation and interpretation, and amendments are critical for GS3 (Economy) and GS2 (Governance/Legal aspects).

The Insolvency and Bankruptcy Code, 2016 (IBC) is a comprehensive law in India that consolidates and amends the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms, and individuals in a time-bound manner for maximization of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all stakeholders.

Phase IIStatic core

Facts & tables

Key facts

Enactment

Enacted in 2016, consolidating previous insolvency laws.

Objective

Time-bound resolution for corporate, partnership, and individual insolvency to maximize asset value.

Key Pillars

Insolvency Professionals, Information Utilities, Adjudicating Authorities (NCLT/DRT), IBBI.

Types of Insolvency

Covers Corporate Insolvency Resolution Process (CIRP) and Personal Insolvency Resolution Process (PIRP).

Reference table

Key Features of IBC

FeatureDescription
Time-bound processStrict deadlines for resolution to prevent asset value erosion.
Creditor-in-controlCreditors, not debtors, drive the resolution process.
Resolution vs. LiquidationPrioritizes resolution over liquidation to preserve businesses.
Personal InsolvencyCovers insolvency of individuals and personal guarantors.

Related topics

Practice writing on this topic

UPSC has asked 10 linked questions on Insolvency and Bankruptcy Code (IBC), 2016 in Mains. Write an answer to one — and get it evaluated.

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