International Journal of Human Rights Law Review

International Open Access Double Blind Peer Reviewed, Referred Journal

ISSN No. : 2583-7095

A Critical Study of the Regulatory and Supervisory Role of the Insolvency and Bankruptcy Board of India in Strengthening Insolvency Governance

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Jazeel N (2026). A Critical Study of the Regulatory and Supervisory Role of the Insolvency and Bankruptcy Board of India in Strengthening Insolvency Governance. International Journal of Human Rights Law Review, 5(4). Retrieved from https://ijhrlr.in/journal/a-critical-study-of-the-regulatory-and-supervisory-role-of-the-insolvency-and-bankruptcy-board-of-india-in-strengthening-insolvency-governance/

Abstract

India's Insolvency and Bankruptcy Code, 2016 (IBC) is a revolutionary piece of legislation that has put in place a comprehensive and creditor-driven framework for the speedy resolution of any distressed entity or person. The Insolvency and Bankruptcy Board of India (IBBI) is at the heart of this institutional structure as it will be the single regulatory and supervisory body tasked with regulating insolvency professionals, insolvency professional agencies, information utilities, and the administration of the insolvency regime itself. The success of the IBC is largely going to rely on the capacity of IBBI to maintain strict regulation, transparency, professionalism and confidence in the insolvency process among stakeholders. The paper critically discusses the regulatory and supervisory components of IBBI that enhancing Insolvency Governance in India. It provides a detailed exposition of the powers, functions and duties given to the Board by the IBC, along with a discussion on the role played by the Board in creating a robust insolvency ecosystem. The study also examines the mechanisms of the IBBI to monitor insolvency professionals, regulations and guidelines, inspections and disciplinary action, as well as the responsibility of institutions. Board issues, such as overlapping regulations, procedural delays, capacity problems, developing legal precedents and enforcement& issues are discussed in detail. This paper also reviews the success in the implementation of the purpose of transparency, efficiency, value maximisation and protection of the stakeholders envisaged in the Code by the IBBI. The study, by analysing legislative provisions, regulatory changes, judicial decisions, annual reports, and current practices in insolvency, concludes that, although the IBBI has made tremendous strides towards stabilizing and maturing India's insolvency system, significant structural and operational reforms are still needed to promote regulatory effectiveness and improve the standards for governance. The paper finally recommends measures that strengthen supervisory, the coordination of regulators, professional responsibility, institutional independence, technology integration, and enhances the regime of insolvency resolution making it more resilient, transparent and efficient in India.

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International Journal of Human Rights Law Review
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