#scrap_ibc

Manifesto for Scrapping the Ill-Conceived Insolvency and Bankruptcy Code (IBC) 2016 by DebaprasadBandyopadhyay Via Flickr: onceinabluemoon2021.in/2026/01/21/manifesto-for-scrapping... This manifesto advances a sustained, evidence-based critique of India’s Insolvency and Bankruptcy Code (IBC), 2016, arguing that the regime has evolved into a structurally predatory legal apparatus that facilitates large-scale transfer of public, depositor, and taxpayer-backed wealth into private corporate hands under the guise of “efficient insolvency.” Drawing on IBBI data up to 2025, landmark cases such as DHFL, Bhushan Power & Steel, Videocon, and Aircel, and recent Supreme Court jurisprudence, the analysis demonstrates how the IBC has systematically failed its own statutory promises of time-bound resolution, value maximization, equitable treatment, fraud recovery, and economic revival. Instead, prolonged delays, extreme haircuts averaging 67–68%, marginalization of retail depositors and public-interest claims, laundering of fraud through Section 32A immunity, and near-absolute deference to creditor “commercial wisdom” have produced a regime marked by judicial ritualism, moral hazard, and deep constitutional infirmities under Articles 14 and 21. The DHFL resolution is presented as a “laboratory case” exposing the IBC’s core pathologies—where a solvent, fraud-tainted institution was transferred at a steep discount, avoidance recoveries worth tens of thousands of crores were privatized, and lakhs of small savers were effectively dispossessed. Situating the IBC within a broader political economy of crony capitalism and opaque political funding, the manifesto rejects incremental reform as inadequate and calls for the complete scrapping of the Code in favor of a transparent, people-centric insolvency framework grounded in accountability, restitution, constitutional justice, and public interest.

The Bankruptcy Bazaar: How India’s Ill-Conceived Insolvency and Bankruptcy Code (IBC) Turns Public Money into Private Profits by DebaprasadBandyopadhyay Via Flickr: onceinabluemoon2021.in/2026/01/05/the-bankruptcy-bazaar-h... This article delivers a comprehensive indictment of India’s Insolvency and Bankruptcy Code (IBC), 2016, exposing it as a structurally predatory regime that facilitates crony expropriation rather than genuine resolution. Through doctrinal analysis, tribunal data, and emblematic case studies—Videocon, Aircel, Essar Steel, Bhushan Power, Reliance Communications, and most starkly DHFL—it demonstrates how time-bound resolution is a legal fiction, recoveries are abysmally low, avoidance provisions are systematically neutralised, and fraud is laundered through procedural finality. The DHFL case emerges as the perfect crime scene: mass dispossession of 2.5 lakh retail savers, assignment of vast avoidance recoveries at notional value to the acquirer, and judicial deference that extinguished constitutional claims. Situated within a wider political economy of crony capitalism and opaque political funding, the IBC is shown not as a failed reform but as rule by plunder—an insolvency regime that has gone rogue.

The Bankruptcy Bazaar: How India’s Ill-Conceived Insolvency and Bankruptcy Code (IBC) Turns Public Money into Private Profits by DebaprasadBandyopadhyay Via Flickr: onceinabluemoon2021.in/2026/01/05/the-bankruptcy-bazaar-h... This article delivers a comprehensive indictment of India’s Insolvency and Bankruptcy Code (IBC), 2016, exposing it as a structurally predatory regime that facilitates crony expropriation rather than genuine resolution. Through doctrinal analysis, tribunal data, and emblematic case studies—Videocon, Aircel, Essar Steel, Bhushan Power, Reliance Communications, and most starkly DHFL—it demonstrates how time-bound resolution is a legal fiction, recoveries are abysmally low, avoidance provisions are systematically neutralised, and fraud is laundered through procedural finality. The DHFL case emerges as the perfect crime scene: mass dispossession of 2.5 lakh retail savers, assignment of vast avoidance recoveries at notional value to the acquirer, and judicial deference that extinguished constitutional claims. Situated within a wider political economy of crony capitalism and opaque political funding, the IBC is shown not as a failed reform but as rule by plunder—an insolvency regime that has gone rogue.

The Bankruptcy Bazaar: How India’s Ill-Conceived Insolvency and Bankruptcy Code (IBC) Turns Public Money into Private Profits by DebaprasadBandyopadhyay Via Flickr: onceinabluemoon2021.in/2026/01/05/the-bankruptcy-bazaar-h... This article delivers a comprehensive indictment of India’s Insolvency and Bankruptcy Code (IBC), 2016, exposing it as a structurally predatory regime that facilitates crony expropriation rather than genuine resolution. Through doctrinal analysis, tribunal data, and emblematic case studies—Videocon, Aircel, Essar Steel, Bhushan Power, Reliance Communications, and most starkly DHFL—it demonstrates how time-bound resolution is a legal fiction, recoveries are abysmally low, avoidance provisions are systematically neutralised, and fraud is laundered through procedural finality. The DHFL case emerges as the perfect crime scene: mass dispossession of 2.5 lakh retail savers, assignment of vast avoidance recoveries at notional value to the acquirer, and judicial deference that extinguished constitutional claims. Situated within a wider political economy of crony capitalism and opaque political funding, the IBC is shown not as a failed reform but as rule by plunder—an insolvency regime that has gone rogue.

The Bankruptcy Bazaar: How India’s Ill-Conceived Insolvency and Bankruptcy Code (IBC) Turns Public Money into Private Profits by DebaprasadBandyopadhyay Via Flickr: onceinabluemoon2021.in/2026/01/05/the-bankruptcy-bazaar-h... This article delivers a comprehensive indictment of India’s Insolvency and Bankruptcy Code (IBC), 2016, exposing it as a structurally predatory regime that facilitates crony expropriation rather than genuine resolution. Through doctrinal analysis, tribunal data, and emblematic case studies—Videocon, Aircel, Essar Steel, Bhushan Power, Reliance Communications, and most starkly DHFL—it demonstrates how time-bound resolution is a legal fiction, recoveries are abysmally low, avoidance provisions are systematically neutralised, and fraud is laundered through procedural finality. The DHFL case emerges as the perfect crime scene: mass dispossession of 2.5 lakh retail savers, assignment of vast avoidance recoveries at notional value to the acquirer, and judicial deference that extinguished constitutional claims. Situated within a wider political economy of crony capitalism and opaque political funding, the IBC is shown not as a failed reform but as rule by plunder—an insolvency regime that has gone rogue.