Section 191 of the IBC: Powers of the IBBI Chairperson
Section 191 sets out the authority of the Chairperson of the Insolvency and Bankruptcy Board of India (IBBI) to supervise and direct the Board's affairs and to exercise powers delegated by the Board, subject to applicable regulations.
Text of Section 191 - Powers of Chairperson
Meaning and legal interpretation
1. General superintendence
General superintendence means overall oversight of the functioning and administration of the IBBI. It concerns the direction and coordination of the institution's affairs, rather than conferring unrestricted authority over every statutory decision.
2. Direction of the Board's affairs
The Chairperson may provide institutional direction for carrying out the Board's functions. The exercise of this power remains governed by the Code, applicable regulations and the respective powers assigned to the Board and its officers.
3. Powers delegated by the Board
Delegation means a lawful assignment of authority from the Board to the Chairperson. Section 191 permits the Chairperson to exercise other powers that the Board has delegated. A delegation must be read together with the applicable legal framework; it is not a blanket transfer of all the Board's powers.
4. Effect of the words 'save as otherwise determined by regulations'
This phrase makes the general supervisory authority subject to any different arrangement validly prescribed through regulations. The scope of an individual power should therefore be checked against the Code and the regulations in force at the relevant time.
How Section 191 fits within the IBC
| Provision | Subject | Connection with Section 191 |
|---|---|---|
| Section 188 | Establishment and incorporation of the Board | Creates the IBBI as a statutory body corporate. |
| Section 189 | Constitution of the Board | Provides for the Chairperson and other Board members. |
| Section 190 | Removal of member from office | Sets out statutory grounds for removal of a member. |
| Section 191 | Powers of Chairperson | Provides general superintendence, direction and delegated powers. |
| Section 196 | Powers and functions of the Board | Identifies the Board's regulatory responsibilities, which should not be confused with the Chairperson's personal powers. |
Practical significance
The IBBI regulates key participants and institutions in India's insolvency framework. Section 191 supports leadership and administrative coordination, while preserving the distinction between powers vested in the Board and those exercised by its Chairperson. When assessing a particular order or decision, the relevant regulation, delegation or statutory provision should be identified.
Frequently asked questions
Does Section 191 give the Chairperson unlimited powers?
No. The section is subject to regulations and permits additional powers only where the Board delegates them in accordance with law.
Can the Chairperson exercise powers belonging to the IBBI?
Only to the extent authorised by Section 191 and any applicable lawful delegation or other governing provision.
Is Section 191 about the appointment of the Chairperson?
No. Section 189 addresses the Board's constitution and appointments; Section 191 addresses the Chairperson's powers.
Statute and official resources
- India Code - Insolvency and Bankruptcy Code, 2016 (official legislative text and amendments).
- IBBI - Legal Framework (regulations, rules, notifications and circulars).
- Insolvency and Bankruptcy Board of India (official regulator website).
- The Insolvency and Bankruptcy Code, 2016 - LawDadi guide.
Editorial update: 23 October 2026. This article is for general legal information. Consult the current official statute, notifications and regulations for any specific issue.