Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

The Insolvency and Bankruptcy Code,2016: A Critical Analysis

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Mahipal Yagati (2026). The Insolvency and Bankruptcy Code,2016: A Critical Analysis. The Indian Journal for Research in Law and Management, Volume III(Issue 9). Retrieved from https://ijrlm.com/journal/the-insolvency-and-bankruptcy-code2016-a-critical-analysis-2/

Abstract

The Insolvency and Bankruptcy Code, 2016 (IBC) basically turned into a big reform for India’s insolvency system. It tried to bring in a single, time-bound way to sort out corporate insolvency, and also to keep asset value from getting eroded. In this article I look closely at what the IBC was aiming for, how the whole institutional set up works, and the main tools it uses. This includes the Corporate Insolvency Resolution Process (CIRP) , the way the Committee of Creditors functions, and also the major judicial readings that have shaped how things are actually understood in practice. I also assess what the Code managed to do, like better creditor recovery and stronger corporate governance, but then I point out what still feels stuck. For example, there are procedural delays that keep showing up, operational creditors don’t always get treated in a fair or equal manner, and there is still no really complete cross-border insolvency framework that covers situations with foreign links. The piece ends with the idea that yes the IBC has changed India’s insolvency landscape, but reforms on a continuous basis, plus proper implementation, are still needed if the original goals are to be fully reached.

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The Indian Journal for Research in Law and Management
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2583-9896
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