No Obligation to Collate Data from IRP Under RTI: IBBI
Table of Contents
The Insolvency and Bankruptcy Board of India (IBBI), established on October 1, 2016, under the Insolvency and Bankruptcy Code, 2016 (IBC), is the regulatory authority responsible for overseeing India’s insolvency framework. It regulates insolvency professionals (IPs), agencies, and information utilities (IUs), ensuring compliance with the IBC through registration, monitoring, and enforcement of standards. The IBBI collects and disseminates data on insolvency cases to support research, policy-making and public awareness. As of October 5, 2025, the growing use of IRP Under RTI applications seeking insolvency-related data has prompted IBBI to clarify that it has no obligation to collect or collate data from Insolvency Resolution Professionals (IRPs) for such queries.
Understanding RTI and Its Applicability to IBBI
The Right to Information Act, 2005 IRP Under RTI is an act of the Parliament of India that establishes a practical regime for citizens to access information held by public authorities, promoting transparency, accountability, and combating corruption in governance. It empowers any Indian citizen to request information from a public authority, which must respond within 30 days (or 48 hours in cases involving life or liberty), and mandates public authorities to proactively publish certain information to minimize the need for formal requests. The scope of information that can be sought includes details on the organisation, functions, powers, duties, decision-making processes, budgets, and records of public authorities, as well as information on the conduct of meetings and the remuneration of officers. While the IBBI acts as a regulator for insolvency proceedings, it is not the custodian of all operational data from insolvency cases, and the data is primarily held by insolvency professionals (IPs).
Read more : IBBI Guidelines for Insolvency Professional Education
Role of IRPs in CIRP
The IRPs have an important role during the corporate insolvency resolution process, mainly:
- IRPs manage the affairs of the corporate debtor during the Corporate Insolvency Resolution Process (CIRP).
- They maintain case-specific data such as claim details, CoC minutes, and asset information.
- They operate independently but are regulated by IBBI.
IBBI’s Stand: No Duty to Collate Data from IRPs
The IBBI issued an order on February 12, 2025, addressing multiple RTI appeals filed by Jitendra Kumar Jain. The IBBI found no reason to interfere with the replies of the Respondent, and thus disposed of the appeals. Referring to section 7(9) of the RTI Act, which provides that An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question, the IBBI held that the data submitted to it in the normal course of regulation. The IBBI also held that it is not obligated to gather fresh information or request specific data from IRPs solely to respond to IRP Under RTI applications. This is further clarified through section 2(f) of the RTI Act defines “information” as any material or form that is already available and held by or under the control of a public authority. The legal foundation established that public authorities are not obligated to provide information that exists within their records or under their control, and they are not required to create new information, interpret data, or respond to hypothetical questions.
Key Takeaways from the Decision
- IBBI’s responsibility ends with information already available in its records, and it is not obligated to generate or retrieve additional data beyond what it holds.
- Data maintained by IRPs or Resolution Professionals does not automatically fall under IBBI’s control as they operate independently and retain custody of case-specific records.
- Applicants seeking case-specific details must directly approach the IRP or the relevant NCLT, as the IBBI directs queries to the appropriate authority rather than acting as a central information repository.
Implications for Stakeholders
a. For RTI Applicants: As the IBBI is not obligated to provide information beyond its direct control, meaning applicants cannot compel IBBI to collect or create third party data not already within its possession. IRP Under RTI applicants must identify the correct information custodian, as the RTI Act grants access to existing records, not the creation of new information or the collection of data from third parties.
b. For IRPs and RPs: IRPs and resolution professionals (RPs) are required to file standardized forms electronically via the IBBI portal, ensuring timely and structured data submission throughout CIRP, with mandatory monthly reporting under CP-5 enhancing transparency and compliance. By clarifying that the IBBI is not obligated to compile or provide data beyond its direct control, it shields IRPs and RPs from cascading RTI demands, as the IBBI will not generate new reports or collate information not already maintained in its records.
c. For IBBI:By limiting the scope of information disclosure under the IRP Under RTI Act to existing records and excluding requests for explanations or opinions, the IBBI reinforces its role as a regular, not a data repository. This approach prevents administration overload and misuse of the RTI mechanism, ensuring public resources are not disproportionately diverted by frivolous or vexatious applications.
Relevant Case Reference
Mention of IBBI order or CIC observation, if any, that upheld the principle. Key reasoning: Information “not held” or “not controlled” cannot be compelled to be created or collected.
Conclusion
The clarification strengthens transparency while maintaining functional boundaries under the RTI framework. It ensures efficient governance by distinguishing the roles of regulatory authorities and data holding public bodies, preventing overlap and misdirected RTI requests that could delay information access. RTI applicants are encouraged to approach the appropriate information source, which reduces unnecessary burden on agencies and improves response times by directing queries to the correct public information officers.
Recent Posts
