BSE Moves Supreme Court To Transfer Bombay HC Challenge To Ruling Declaring Stock Exchanges RTI Public Authorities

The Supreme Court on Thursday issued notice on a plea filed by BSE Ltd. seeking transfer of its 2007 writ petition from the Bombay High Court to the Supreme Court.

The writ petition challenges the Central Information Commission's June 7, 2007, order declaring stock exchanges, including BSE, as “Public Authorities” under Section 2(h) of the Right to Information Act, 2005.

The transfer plea arose after the Delhi High Court, on July 1, 2026, held the National Stock Exchange of India Ltd. (NSE) to be a “Public Authority” under the RTI Act and upheld the CIC's order. The Supreme Court subsequently stayed the Delhi High Court judgment on July 31, 2026.

A Bench of Justices Vikram Nath and Sandeep Mehta issued notice on BSE's transfer petition.

BSE Ltd. has approached the Supreme Court seeking transfer of its 2007 writ petition pending before the Bombay High Court, challenging the Central Information Commission's June 7, 2007 order declaring stock exchanges, including BSE, to be “Public Authorities” under Section 2(h) of the RTI Act.

In its transfer petition, BSE says the NSE SLP and its pending writ involve substantially identical questions of law, including whether stock exchanges fall within Section 2(h) of the RTI Act and whether regulatory oversight makes them public authorities.

BSE contends that the CIC passed the order without giving it notice or an opportunity of hearing, despite one of the appeals before the Commission being specifically against BSE.

In its original writ petition before the Bombay High Court, BSE argued that it is a for profit, professionally managed company regulated by SEBI and not a “Public Authority” under the RTI Act.

It contends that SEBI, rather than BSE, is the statutory public authority and that mere recognition or regulatory oversight of a stock exchange under the Securities Contracts (Regulation) Act does not amount to its establishment or control by the Government.