SC Halts Delhi HC Decision Bringing NSE Under RTI Act

SC Halts Delhi HC Decision Bringing NSE Under RTI Act

The Supreme Court on Friday stayed a Delhi High Court judgment that had declared the National Stock Exchange of India (NSE) a "public authority" under the Right to Information (RTI) Act.

A Bench of Justice Vikram Nath and Justice Sandeep Mehta issued notice on a petition filed by the NSE and sought responses from the Central Information Commission (CIC) and other parties. The matter has been listed for hearing after four weeks.

The NSE has challenged the Delhi High Court's July 1 judgment, which upheld an earlier 2010 decision of a single judge holding that the stock exchange falls within the definition of a "public authority" under Section 2(h) of the RTI Act.

Under the RTI Act, citizens can seek information only from bodies that qualify as "public authorities."

While dismissing the NSE's appeal, the Delhi High Court had observed that any body owned, controlled, or substantially financed by the government would be considered a public authority. It agreed with the single judge's finding that the NSE is controlled by the appropriate government and therefore comes under the RTI Act.

The dispute began after the NSE challenged an order of the Central Information Commission, arguing that it is not a public authority and is therefore not required to provide information under the RTI Act.

The Supreme Court has now stayed the High Court's ruling and will examine the issue in detail.

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