Delhi High Court Declares NSEI as Public Authority Under RTI Act
NSEI Recognized as Public Authority
On Wednesday, the Delhi High Court ruled that the National Stock Exchange of India (NSEI) qualifies as a 'public authority' according to the Right to Information (RTI) Act. A bench comprising Justices C Hari Shankar and OP Shukla dismissed an appeal from the stock exchange that contested a previous ruling by a single judge, which determined that NSEI met the criteria of a 'public authority' as outlined in section 2(h) of the RTI Act. This ruling allows citizens to exercise their right to request information from entities classified as public authorities under the RTI framework.
The court noted that an organization is considered a 'public authority' if it is owned, controlled, or significantly funded by the government. The judges emphasized that NSEI was not merely a private entity that later became regulated by law. They pointed out that NSEI could not operate as a stock exchange without the recognition from the Securities and Exchange Board of India (SEBI), affirming that it was effectively 'established' by a government order.
The bench stated, 'We do not find this to be a case warranting interference in appeal. The learned single judge holds, in the impugned judgment, that the NSEI is controlled by the appropriate government, and we agree.' The appeal was dismissed without any cost orders.
The NSEI had previously challenged a ruling from the Central Information Commissioner before the single judge, arguing that it should not be classified as a public authority under the RTI Act. During the appeal, the NSEI's senior counsel contended that the exchange was not owned or controlled by the government and was only recognized and regulated by SEBI. They argued that if regulatory oversight was enough to classify a privately incorporated stock exchange as a 'public authority', it could lead to similar classifications for other private entities like commercial banks and mutual funds, undermining the intent of the RTI Act.