Section 190 of the Insolvency and Bankruptcy Code, 2016: Removal of IBBI Members from Office
Section 190 specifies when the Central Government may remove a member of the Insolvency and Bankruptcy Board of India (IBBI), and expressly requires an opportunity of hearing where removal is based on abuse of position detrimental to the public interest.
Section 190 - Statutory provision
190. Removal of member from office. The Central Government may remove a member from office if he-
(a) is an undischarged bankrupt as defined under Part III;
(b) has become physically or mentally incapable of acting as a member;
(c) has been convicted of an offence, which in the opinion of the Central Government involves moral turpitude;
(d) has, so abused his position as to render his continuation in office detrimental to the public interest:
Provided that no member shall be removed under clause (d) unless he has been given a reasonable opportunity of being heard in the matter.
Four statutory grounds explained
| Clause | Ground for removal | Meaning and scope |
|---|---|---|
| 190(a) | Undischarged bankrupt | A member who is an undischarged bankrupt within the meaning of Part III of the IBC may be removed. A bankruptcy order and discharge status must be assessed under the applicable legal provisions. |
| 190(b) | Physical or mental incapacity | Incapacity must affect the person's ability to act as a Board member. The provision does not make a medical diagnosis, by itself, an automatic ground for removal. |
| 190(c) | Conviction involving moral turpitude | There must be a conviction for an offence that, in the Central Government's opinion, involves moral turpitude. An allegation alone is not the conviction specified in this clause. |
| 190(d) | Abuse of position | Abuse of office must make continued service detrimental to the public interest. The statutory proviso requires a reasonable opportunity of being heard before removal on this ground. |
Right to be heard and procedural fairness
The proviso to Section 190 expressly protects a member facing removal under clause (d). Before an order on that ground, the member must receive a reasonable opportunity to respond. The wording of this proviso specifically refers to clause (d), not to every ground listed in Section 190.
Other applicable requirements of administrative law and natural justice may still be relevant to a particular decision. Whether they apply, and in what form, depends on the facts and the governing law.
How Section 190 fits within the IBC
Section 188 - Establishment and incorporation of IBBI
Section 188 establishes the Insolvency and Bankruptcy Board of India as a statutory body corporate, capable of holding property, entering contracts and suing or being sued.
Section 189 - Constitution of the Board
Section 189 sets out the Board's composition, qualifications, appointment process and tenure. Section 190 complements these appointment rules by specifying grounds on which a member may be removed.
Section 196 - Powers and functions of the Board
Section 196 sets out the IBBI's regulatory functions, including oversight of insolvency professional agencies, insolvency professionals and information utilities within the statutory framework.
Frequently asked questions
Who can remove a member of IBBI under Section 190?
The Central Government is the authority expressly empowered by Section 190.
Does any criminal complaint automatically disqualify an IBBI member?
No. Clause (c) refers to a conviction for an offence that the Central Government considers to involve moral turpitude; a mere complaint is not the stated ground.
Is a hearing compulsory before removal for abuse of office?
Yes. The proviso expressly requires a reasonable opportunity of being heard before removal under Section 190(d).
Can a member be removed solely because of a disability?
Section 190(b) concerns physical or mental incapacity to act as a member. It should not be equated with disability as such; the legal question is the member's capacity to perform the office.
Legislation and official resources
For the current consolidated law, notifications and regulatory materials, consult the India Code portal, the Insolvency and Bankruptcy Board of India, and the Ministry of Corporate Affairs. Check amendments and commencement notifications when applying a provision to a particular date.
Read the Insolvency and Bankruptcy Code, 2016 overview for the broader statutory framework.
Editorial note: This article explains the statutory provision and does not substitute for case-specific legal advice. Last reviewed: 23 October 2026.