The Allahabad High Court has established that access to electricity is a fundamental component of a dignified life, deriving constitutional protection from Article 21 of the Indian Constitution. According to LiveLaw, a bench comprising Justice Alok Mathur and Justice Abdhesh Kumar Chaudhary observed that this right guards individuals against arbitrary or discriminatory denial of power, particularly when electricity is essential for shelter and human dignity.
The ruling arose from a legal challenge by Rakesh Kumar Mishra over the refusal of a new power supply at his residence in Raebareli, Uttar Pradesh. Mishra lived at the site while a title and ownership dispute remained pending before the local civil court. In July, local officials turned down his request because he had not produced a registered sale deed, succession certificate, or no-objection certificate to prove his rights in the property.
Mishra cited Clause 4.4 of the Electricity Supply Code, 2005, which allows applicants to submit an indemnity form under Annexure 4.2. The court noted that the Code recognizes proof of occupancy, such as a power of attorney or lease deed, as valid alternatives to ownership documents. The bench explained that even a non-owner could be entitled to a connection if willing to pay outstanding dues and submit the indemnity bond, provided they comply with statutory and technical requirements.
The private respondent argued that the pending civil suit should prevent the grant of electricity, but the court found this insufficient on its own. It clarified that the electricity authority’s inquiry focuses on occupation and compliance, rather than adjudicating private title disputes. The bench referenced the Supreme Court’s 1995 ruling in Chameli Singh v. State of U.P., which recognized the right to shelter as part of the right to life, to support the view that electricity is an enabling facility for meaningful habitation.
The court allowed the writ petition, finding the original rejection illegal and arbitrary. It sent the case back to the Executive Engineer for a new review, directing the authority to decide the application within ten days. If the application is approved, the authority must provide the connection forthwith. The bench also clarified that this constitutional protection does not guarantee free or unlimited electricity, but rather ensures access is not denied without legal justification.