National Stock Exchange of India is a “public authority” under RTI Act: Delhi High Court
The Court held that NSEI would qualify as a “public authority” not only under the second part, but also under the first part of Section 2(h), RTI Act.
The Court held that NSEI would qualify as a “public authority” not only under the second part, but also under the first part of Section 2(h), RTI Act.
The Court directed the SPSC to furnish the relevant information sought by the respondent and recorded the respondent’s undertaking not to disseminate the information on social media.
“A perusal of Section 2(h) of the RTI Act, would indicate that it is not only funding, but also control, which would have to be considered to determine whether it is a public authority or not.”
The Court concluded that all three limbs of Section 2(h)(d)(i) of the RTI Act — ownership, control, and substantial financing, stood satisfied in the case of CIAL. Hence, CIAL was held to be a “public authority” within the meaning of the Right to Information Act, 2005, and was amenable to the obligations of information disclosure under the provisions and rigours of the Act.
“Without this land, the very existence of the Club would fall into doubt inasmuch as no activities of the Club could be carried out without this land being available to it.”
The Delhi High Court said that CIC can only deal with issues relating to information sought under the RTI Act or any other issue that leads to dissipation of information as sought by the applicant.
“The power to strike down offending law is a scalpel, not a machete.”
Under Article 226 of the Constitution of India, a writ cannot be issued against a Government- entity which has been subsequently privatized and no longer performs any public duty.
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