What Does 'Public Authority' Under RTI Mean? The NSE Case Explained

Last week, the Supreme Court stepped in to pause an order that would have made the National Stock Exchange of India (NSE) subject to Right to Information requests. The Central Information Commission had ruled that NSE should be treated as a 'public authority', meaning ordinary citizens could file RTI applications to access its internal records. The NSE challenged this, and the Supreme Court has now put that order on hold while the case proceeds.

This might sound like corporate legal jargon, but it touches something important: your right to ask questions and get answers from powerful institutions.

What is a 'public authority' under RTI?

The Right to Information Act, 2005, gives every Indian citizen the power to ask questions and demand documents from government bodies. But the law doesn't stop at ministries and municipal corporations. Section 2(h) of the RTI Act says that certain private organisations can also be treated as 'public authorities' if they are substantially financed by government funds or controlled by the government.

Why does this matter? Because if an organisation is declared a 'public authority', you can file an RTI application asking for information about its functioning, spending, decision-making, and more. The organisation must respond within 30 days or face penalties.

When can you use RTI against a private body?

Suppose a private hospital receives significant funding from a state health scheme, or a private school gets grants under a government education programme. In such cases, courts have sometimes held that these bodies can be treated as public authorities for RTI purposes, at least regarding the government-funded activities.

The key test is: Does the government substantially finance or control this body? If yes, the public has a legitimate interest in knowing how that money or power is being used.

The NSE operates India's largest stock exchange. While it is regulated by a government body (the Securities and Exchange Board of India), the question is whether that regulatory relationship makes it 'substantially controlled' by the government. The NSE argues it is a private company. The Information Commission thought otherwise. The Supreme Court will now decide.

What this means for ordinary Indians

If you are trying to get information about how a government scheme is being implemented, or how public funds are spent, the RTI Act is a powerful tool. You can file an application online or by post for just ten rupees. You don't need a lawyer.

But remember: RTI works only against government bodies and certain government-funded or government-controlled organisations. You cannot use RTI to ask Reliance or Tata for their internal emails. You cannot use it against a purely private college that takes no government money. The boundary is sometimes unclear, which is why cases like the NSE matter. They help define where your right to information begins and ends.

Practical takeaway: If you want information from any organisation, first check if it is a government body or receives substantial public funding. If yes, draft a simple RTI application stating exactly what information you need. Address it to the Public Information Officer of that body. If you are unsure whether RTI applies, you can still try filing. The worst that happens is your application gets rejected, and you will have spent only ten rupees to find out.

For questions about whether a specific organisation falls under RTI, or help drafting an effective application, consult a verified advocate on Lex Now.

This article is general legal awareness, not legal advice. Laws change and every case is different — consult a verified advocate on Lex Now for guidance on your situation.

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