The NSE Supreme Court RTI Act public authority Delhi High Court dispute has now reached the Supreme Court. The National Stock Exchange of India Limited (NSE) has filed a Special Leave Petition challenging the Delhi High Court’s decision. The High Court had held that NSE qualifies as a “public authority” under the Right to Information Act, 2005.
NSE Challenges Delhi High Court Judgment
NSE filed the Special Leave Petition under Diary No. 43274/2026 on July 21, 2026. The exchange seeks to overturn the High Court’s ruling on the application of the RTI Act.
The case concerns whether NSE falls within Section 2(h) of the RTI Act. This provision defines the term “public authority.”
Division Bench Upholds Earlier Order
A Division Bench of the Delhi High Court delivered its judgment on July 1, 2026. Justice C. Hari Shankar and Justice Om Prakash Shukla heard the matter.
The Bench dismissed NSE’s appeal. As a result, it upheld the Single Judge’s order dated April 15, 2010.
The Single Judge had earlier affirmed a finding of the Central Information Commission (CIC). The CIC had held that the stock exchange falls within the scope of Section 2(h) of the RTI Act.
High Court Applies Purposive Interpretation
The Delhi High Court adopted a purposive approach while interpreting Section 2(h).
The Court examined terms such as “established” and “constituted.” It held that courts should interpret these terms in light of the purpose of the RTI Act.
According to the judgment, a strict literal interpretation could undermine the objective of transparency laws. Therefore, the Court preferred an interpretation that advances public accountability and transparency.
Role of Government Recognition
NSE became a private company on November 27, 1992. It later received recognition from the Securities and Exchange Board of India (SEBI).
However, the High Court noted that NSE cannot operate as a stock exchange without government approval.
The Court also examined SEBI’s statutory role. Under Section 4(3) of the Securities Contracts (Regulation) Act, SEBI exercises delegated powers from the Central Government.
Based on this framework, the High Court treated SEBI’s statutory recognition of NSE as an act of the Central Government.
The Court consequently held that the recognition established or constituted NSE for the purposes of Section 2(h) of the RTI Act.
Matter Now Before Supreme Court
The Supreme Court case is titled National Stock Exchange of India Limited v. Central Information Commission.
The petition bears Diary No. 43274/2026. The matter remains pending listing before a Supreme Court Bench for preliminary hearing.
The NSE Supreme Court RTI Act public authority Delhi High Court case could now determine whether the exchange must comply with the transparency obligations imposed by the RTI Act.
