Allahabad High Court Underscores Electricity As A Fundamental Right
The Allahabad High Court has held that electricity cannot be denied solely because ownership of a property in Rae Bareli is disputed. Proof of occupancy and an indemnity declaration can suffice under the Electricity Supply Code. The ruling reinforces electricity's link to Article 21 and renews calls for time-bound public services.
The Allahabad High Court has reinforced constitutional protections for electricity access, ruling that disputed property ownership alone cannot justify refusing a connection | X (Live Law)
Once again, the courts have underscored the importance of electricity as a fundamental right in order to make the protections offered by Article 21 of the Constitution meaningful. For several years, judicial decisions have favoured citizens seeking electricity connections, deeming it a right, even for dwellings in unauthorised colonies.
This time, the Allahabad High Court has struck a blow for an applicant who was refused a power connection on the ground that his premises in Rae Bareli were the subject of a legal dispute over ownership. The arbitrary refusal of the electricity distributor to accept his application for a connection was found to be contrary to law, since ownership alone is not the qualifying criterion and it is enough to prove occupancy of the property and submit an indemnity declaration under the Electricity Supply Code.
Several such cases around the country expose the ugly overhang of colonial attitudes in government agencies, as a result of which citizens tend to be treated virtually as disempowered subjects.
Last year, the Punjab and Haryana High Court set aside a Punjab circular stipulating a cut-off date to apply for electricity connections in unauthorised colonies, pointing out that receiving basic amenities in a residential plot was a fundamental right. Moreover, the powerful, two-decade-old precedent for an expansive interpretation of rights found in Chameli Singh vs. State of UP makes the right to shelter an essential part of the right to life. It follows, therefore—as the Allahabad High Court order says—that in contemporary life, electricity is an important component or enabling facility to realise the right to shelter.
Government Agencies Must Respect Citizens’ Rights
The order of the Allahabad High Court comes as a timely reminder to government agencies that they cannot afford to ignore the rights of citizens, although the message would be more forcefully conveyed if punitive costs were imposed on erring departments and bureaucrats.
In the instant case, the court held that access to electricity constitutes an important element of a dignified life and derives constitutional protection principally through Article 21. This safeguard should be read alongside human dignity, shelter, health, education and livelihood, reinforced by Article 14 and the Directive Principles of State Policy.
Deplorably, obdurate official attitudes towards citizens seeking services are forcing them to move the courts at great expense. It would be much simpler for the Union government to enact an umbrella law guaranteeing a time-bound right to services across the country, which would put the onus on departments to explain why they cannot accept an application.
Time For A National Right To Services Law
The Right to Services as a national law was first proposed 15 years ago without success. It is legislation whose time has come.
Moreover, providing electricity connections even to remote areas is now easier and less expensive with the evolution of decentralised solar photovoltaic systems relying on batteries. A nation’s progress depends primarily on access to good, affordable electricity.
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