IBC Section 191: Powers of Chairperson

Section 191 of Insolvency and Bankruptcy Code, 2016: Powers of Chairperson

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Save as otherwise determined by regulations, the Chairperson shall have powers of general superintendence and direction of the affairs of the Board and may also exercise such other powers as may be delegated to him by the Board.

Legal Commentary & Landmark Judgments: Section 191

Section 191 defines the administrative and general superintendence powers of the Chairperson of the Insolvency and Bankruptcy Board of India.

General Superintendence and Direction: The Chairperson has powers of general superintendence and direction over the affairs of the Board and may exercise all powers which may be exercised by the Board.
Executive Authority: Presides over Board meetings, allocates regulatory portfolios among whole-time members, and oversees executive implementation.
Delegation Safeguards: May delegate administrative and operational responsibilities to whole-time members and executive directors in accordance with IBBI regulations.

Key Landmark Precedents:

Swiss Ribbons Pvt. Ltd. v. Union of India (2019) 4 SCC 17: Recognized that central executive leadership under Section 191 allows the Board to act swiftly in responding to emerging insolvency bottlenecks.
Dilip B. Jiwrajka v. Union of India (2024) 5 SCC 436: Affirmed that executive superintendence by the Chairperson ensures institutional discipline across subordinate regulatory divisions.

Courtroom Practice & Strategic Litigation Guidance:

Executive orders and emergency administrative directions issued by the Chairperson under Section 191 must be formally ratified in the subsequent meeting of the full Board to maintain statutory continuity.