Monday, November 24, 2025 | 06:43 PM ISTहिंदी में पढें
Business Standard
Notification Icon
userprofile IconSearch

IBC Amendment: More clarity, less reform, focuses on incremental fixes

By sidestepping deeper structural issues and leaning on delegated legislation, it offers incremental fixes where the system needs a transformative overhaul

IBC, Insolvency and Bankruptcy Code
premium

The Bill proposes a creditor-initiated insolvency process and empowers the government to prescribe who may initiate it and against which corporate debtors.

M S Sahoo Mumbai

Listen to This Article

The IBC Amendment Bill uses the phrase “it is hereby clarified” 17 times. One such clarification restores the original trigger for initiating corporate insolvency resolution: Admission if a default exists, rejection if it does not, and no other grounds. This undoes Vidarbha Industries (2022) and reaffirms what the Bankruptcy Law Reforms Committee, the original notes on clauses, and Innoventive Industries (2017) had already settled. 
Another restores the original liquidation waterfall by overturning Rainbow Papers (2022), which had put government dues under the Gujarat Value Added Tax Act, 2003, at the same level as secured creditors. The Bill makes it clear
Disclaimer: These are personal views of the writer. They do not necessarily reflect the opinion of www.business-standard.com or the Business Standard newspaper