Basic Amenity Of Electricity Is Fundamental Right To Life: P&H HC
Basic Amenity of Electricity as a Fundamental Right
Background
Access to electricity is essential in modern life for lighting, cooking, heating, communication, education, and healthcare. The Punjab & Haryana High Court (P&H HC) has recognized that electricity is not just a convenience but a basic necessity, and denial of electricity can violate the fundamental right to life under Article 21 of the Constitution of India.
Article 21 guarantees:
"No person shall be deprived of his life or personal liberty except according to procedure established by law."
The court has interpreted “life” to include the right to live with dignity, which encompasses access to essential services like water, health, and electricity.
Case Example
Case: A petition was filed challenging the frequent power cuts and disconnection of electricity supply in a residential area. The petitioners argued that the lack of continuous electricity affected basic living conditions, education of children, and healthcare facilities at home.
Respondents: The local electricity board/state authorities claimed supply disruptions were due to technical faults or administrative reasons.
Issue: Whether the right to electricity can be considered part of the fundamental right to life under Article 21, and whether the state has a constitutional obligation to ensure continuous electricity supply.
Court Observations
The Punjab & Haryana High Court observed:
Electricity as a Basic Necessity:
Electricity is essential for a dignified life. Without it, citizens cannot access water, education (online classes), healthcare (use of medical equipment at home), and communication.
Link to Article 21:
Denial of electricity directly affects the quality of life.
Life under Article 21 includes not just physical existence but living with dignity. Therefore, electricity becomes an inseparable part of the right to life.
State Responsibility:
The state has an obligation to ensure uninterrupted electricity supply, except in cases of technical faults or unavoidable emergencies.
Arbitrary disconnection or prolonged outages violate fundamental rights.
Precedents and Principles:
Courts in India have increasingly recognized that essential services like water, sanitation, health, and electricity are integral to the right to life.
Denying these services arbitrarily or neglectfully may attract judicial scrutiny under Article 21.
Equity and Social Justice:
Electricity must be accessible to all citizens, especially marginalized communities.
The court emphasized that the state should prioritize uninterrupted supply to homes, hospitals, and schools.
Implications of the Judgment
For Citizens:
Citizens can challenge unjust or arbitrary power disconnections in court.
Electricity is now legally recognized as part of the right to a dignified life.
For State Authorities:
The electricity boards and state governments must ensure regular and reliable supply.
Policies should be revised to prevent prolonged outages and address grievances promptly.
Wider Legal Significance:
This judgment strengthens the principle that modern necessities like electricity are part of constitutional rights.
It reinforces the broader interpretation of Article 21 to cover social and economic needs essential for a dignified life.
Summary
Punjab & Haryana High Court declared that electricity is a basic amenity and part of the fundamental right to life under Article 21.
Denial or disruption of electricity affects life, health, education, and dignity, making it a violation of constitutional rights.
The state has a duty to ensure continuous electricity supply and take measures to prevent arbitrary disconnections.
The judgment highlights that fundamental rights extend beyond mere survival to access to essential modern services.
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