Delhi High Court Declares Electricity a Fundamental Right Under Article 21
Court says tenants cannot be denied power due to landlord disputes
Ruling strengthens basic rights and consumer protection in India
By Our Legal Reporter
New Delhi: December 18, 2025:
In a landmark judgment, the Delhi High Court has held that access to electricity is a fundamental right flowing from Article 21 of the Constitution of India, which guarantees the right to life. The Court ruled that tenants cannot be deprived of electricity merely because of disputes with landlords.
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Justice Mini Pushkarna delivered the ruling while hearing a plea filed by tenant Maiki Jain, who sought restoration of electricity at his rented premises in West Delhi. The power distributor, BSES Rajdhani Power Ltd, had refused supply without a landlord’s No Objection Certificate (NOC).
Background of the Case
- The petitioner, a tenant, approached the Court after his electricity supply was disconnected.
- The power company insisted on an NOC from the landlord before restoring supply.
- The tenant argued that electricity is a necessity and denial violated his fundamental rights.
- The Court agreed, directing the power company to restore supply immediately.
Court’s Observations
Justice Pushkarna made several key points:
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- Electricity is a Basic Necessity: No citizen can be expected to live without electricity, which is integral to modern life.
- Article 21 Protection: Access to electricity is part of the right to life and dignity.
- Tenant Rights: If a tenant is in lawful possession of property, electricity cannot be denied.
- No NOC Requirement: Power companies cannot insist on landlord approval when tenants seek supply.
Legal Significance
This ruling strengthens constitutional protections:
- Expands Article 21: Reinforces that the right to life includes access to basic amenities.
- Protects Tenants: Ensures tenants are not victimized in landlord disputes.
- Consumer Rights: Establishes that utility services cannot be arbitrarily withheld.
- Judicial Precedent: Sets a strong precedent for similar disputes across India.
Impact on Stakeholders
- Tenants: Gain legal assurance that electricity cannot be denied.
- Landlords: Cannot use electricity supply as leverage in disputes.
- Power Companies: Must comply with constitutional protections and avoid arbitrary disconnections.
- Citizens: Greater confidence in courts protecting basic rights.
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Broader Context
This case reflects a growing judicial trend of expanding Article 21 to cover basic amenities:
- Courts have previously recognized clean water, shelter, and healthcare as part of the right to life.
- Electricity now joins this list, reinforcing its importance in modern society.
- The ruling aligns with India’s push for consumer protection and ease of living.
Conclusion
The Delhi High Court’s ruling is a milestone in constitutional law and consumer rights. By declaring electricity a fundamental right, the Court has ensured that tenants and citizens cannot be deprived of necessities due to disputes or bureaucratic hurdles.
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This judgment will likely influence future cases, strengthen tenant protections, and push utility companies to adopt fairer practices.
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