Close Menu
Exams Corner

    Subscribe to Updates

    Get the latest creative news from FooBar about art, design and business.

    What's Hot

    The International Court of Justice (ICJ): A Guide to the World’s Highest Judicial Body

    January 27, 2025

    The International Criminal Court (ICC): A Pillar of Global Justice

    January 27, 2025

    The Bermuda Conference of April 1943: A Missed Opportunity in History

    January 27, 2025
    Facebook X (Twitter) Instagram
    • Home
    • Editorial Analysis
    • Current Affairs
    • Get In Touch
    • Resources
    Facebook X (Twitter) Instagram YouTube
    Exams CornerExams Corner
    • Editorial Analysis
    • Polity
    • Schemes & Initiatives
    • Environment
    • Science & Tech
    • IR
    • Art & Culture
    • Species & Places in News
    Exams Corner
    Home » Editorial Analysis » Recasting Insolvency Resolution in India

    Recasting Insolvency Resolution in India

    Exams CornerBy Exams CornerJanuary 20, 2025No Comments4 Mins Read0 Views
    WhatsApp Telegram Facebook Twitter Pinterest LinkedIn Copy Link Email
    Recasting Insolvency Resolution in India
    Recasting Insolvency Resolution in India
    Share
    WhatsApp Telegram Facebook Twitter Copy Link LinkedIn Pinterest Email

    The Jet Airways case serves as a stark reminder of the structural infirmities that continue to hinder India’s insolvency regime. These challenges call for urgent reforms to bolster the Insolvency and Bankruptcy Code, 2016 (IBC) and its institutional architecture.

    Introduction

    The Insolvency and Bankruptcy Code, 2016 (IBC), heralded as one of India’s most significant economic reforms, was introduced to address the challenges of insolvency resolution in a structured and time-bound manner. It was envisioned as a robust framework to elevate India’s standing in the global business environment by holding bad borrowers and big defaulters accountable. However, as the IBC matures, several issues have surfaced, necessitating immediate attention.

    Agri Optional Students

    Challenges and Infirmities in India’s Insolvency and Bankruptcy Code (IBC)

    Institutional Capacity and Procedural Efficiency

    At the core of the IBC’s effective implementation lies the performance of the National Company Law Tribunal (NCLT) and its appellate body, the National Company Law Appellate Tribunal (NCLAT). These tribunals, however, face a dual burden of handling both corporate insolvencies under the IBC and cases under the Companies Act. This duality has significantly strained their capacity.

    Temporal Disjunction in Institutional Design

    The NCLT, conceived in 1999 based on the Eradi Committee’s recommendations and operationalised in 2016, reflects economic realities of a bygone era. With a sanctioned strength of 63 members—many of whom split their time across multiple benches—the NCLT has become a bottleneck. This has led to significant delays in insolvency resolutions and corporate transactions like mergers and amalgamations. Many NCLT benches do not function for the full working day, exacerbating delays.

    According to the Insolvency and Bankruptcy Board of India (IBBI), the average time for insolvency resolutions increased from 654 days in FY2022-23 to 716 days in FY2023-24. These delays persist despite the Supreme Court’s repeated directives for adherence to specific timelines, as highlighted in the Jet Airways case.

    The Need for Domain Expertise

    The deficiencies in India’s insolvency framework extend beyond institutional capacity to qualitative dimensions. A key issue is the lack of domain expertise among tribunal members. The Supreme Court, in the Jet Airways case, observed that many members lack the domain knowledge required to navigate the complexities of high-stakes insolvency matters. This paradox—an institution tasked with resolving intricate financial disputes being hindered by inadequate expertise—undermines the IBC’s objectives.

    Bureaucratic and Procedural Challenges

    The bureaucratic labyrinth within the NCLTs adds another layer of inefficiency. There is no effective mechanism for urgent listings, with registry staff wielding disproportionate control over whether matters are listed or not. Additionally, a “growing tendency” among NCLT and NCLAT members to defy Supreme Court orders threatens the foundational integrity of India’s judicial hierarchy.

    Sparse Use of Alternatives

    The procedural framework further aggravates existing constraints. Mandatory hearings for all applications, even for progress reports, are not essential from a natural justice perspective, yet they contribute to unnecessary delays. Furthermore, the limited adoption of alternative dispute resolution methods compounds the challenges faced by an already overburdened system.

    Lessons from Global Practices

    Institutional capacity and procedural efficiency are universal challenges in insolvency regimes worldwide. However, India’s unique scale, endemic corruption, and economic ambitions demand bespoke solutions. While incremental enhancements may suffice in other jurisdictions, India requires transformative changes.

    Reform Proposals and the Way Forward

    Recent reform proposals, such as mandatory mediation before submitting insolvency applications, offer a glimmer of optimism. A hybrid model valuing both judicial experience and domain expertise is crucial. Procedural innovations beyond piecemeal adjustments are necessary to address systemic inefficiencies.

    Proposed Solutions:

    1. Specialised Benches: Establish specialised NCLT benches for different categories of cases to enhance efficiency and domain expertise.
    2. Infrastructure Development: Adequate courtrooms and a qualified, permanent support staff must be prioritised.
    3. Focus on Training: Training programs for tribunal members to enhance domain knowledge and sensitivity to insolvency timelines.
    4. Streamlined Procedures: Simplify procedural requirements, such as waiving mandatory hearings for non-critical applications.
    5. Alternative Dispute Resolution: Promote mediation and arbitration to reduce the burden on tribunals.

    Conclusion

    India’s insolvency regime must transcend its current focus on debt resolution to become a proactive driver of economic rejuvenation. As India seeks to attract greater foreign investment, the effective implementation of the IBC is critical. The systemic challenges and delays highlighted by the Jet Airways case underline the urgency for a bold reimagining of the insolvency framework. The choice is clear: now is the time to invest in infrastructure, expertise, and procedural innovation to ensure that India’s insolvency regime becomes a pillar of its economic ambitions.

    Agri Optional Students
    Follow on WhatsApp Follow on Telegram Follow on Facebook Follow on Instagram Follow on YouTube Follow on X (Twitter)
    Share. WhatsApp Telegram Facebook Twitter Pinterest LinkedIn Copy Link Email
    Exams Corner
    • Website
    • Facebook
    • X (Twitter)
    • Instagram

    Exams Corner is your trusted source for comprehensive and well-researched content tailored for UPSC aspirants. With a focus on simplifying complex topics, we provide insightful articles, study materials, and updates to help you stay ahead in your preparation. Let us guide you on your journey to cracking competitive exams with confidence!

    Agri Optional Students
    Leave A Reply Cancel Reply

    Agri Optional Students
    Top Posts

    United Nations Office on Drugs and Crime (UNODC): Combatting Drug Abuse and Crime Globally

    January 21, 20253,196 Views

    Suez Canal Blockage 2021: Causes, Impact, and Lessons Learned

    January 21, 20253,108 Views

    Salt Satyagraha: History, Facts, and Causes of the Salt March

    January 21, 20252,635 Views
    Don't Miss
    GS Paper 2 By Exams Corner4 Mins Read519 Views

    The International Court of Justice (ICJ): A Guide to the World’s Highest Judicial Body

    January 27, 2025 GS Paper 2 By Exams Corner4 Mins Read519 Views

    Introduction The International Court of Justice (ICJ) is the principal judicial organ of the United…

    The International Criminal Court (ICC): A Pillar of Global Justice

    January 27, 2025

    The Bermuda Conference of April 1943: A Missed Opportunity in History

    January 27, 2025

    The Role and Responsibilities of the United Nations Secretary-General

    January 27, 2025
    Stay In Touch
    • Facebook 21.2K
    • YouTube 12.3K
    • WhatsApp
    • Twitter 1.3K
    • Instagram 8.8K
    • Telegram 12.1K
    Art & Culture
    Most Popular

    United Nations Office on Drugs and Crime (UNODC): Combatting Drug Abuse and Crime Globally

    January 21, 20253,196 Views

    Suez Canal Blockage 2021: Causes, Impact, and Lessons Learned

    January 21, 20253,108 Views

    Salt Satyagraha: History, Facts, and Causes of the Salt March

    January 21, 20252,635 Views
    Our Picks

    The International Court of Justice (ICJ): A Guide to the World’s Highest Judicial Body

    January 27, 2025

    The International Criminal Court (ICC): A Pillar of Global Justice

    January 27, 2025

    The Bermuda Conference of April 1943: A Missed Opportunity in History

    January 27, 2025

    Subscribe to Updates

    Get the latest creative news from FooBar about art, design and business.

    Exams Corner
    WhatsApp Telegram Instagram Facebook X (Twitter) YouTube
    • Home
    • Editorial Analysis
    • Current Affairs
    • Resources
    • Get In Touch
    © 2025 Exams Corner. Designed by AdsOptics.

    Type above and press Enter to search. Press Esc to cancel.