Access to Electricity Is a Fundamental Right Under Article 21: Delhi High Court
The Delhi High Court has ruled that access to electricity is a basic necessity and forms part of the fundamental right to life under Article 21 of the Constitution. The Court made it clear that electricity cannot be denied to a person who is in lawful possession of a property, even if there is an ongoing landlord-tenant dispute.
Justice Mini Pushkarna gave this ruling while directing BSES Rajdhani Power Limited to restore electricity supply to a residential property in West Delhi. The Court said that no citizen can be expected to live without essential facilities like electricity, which are necessary for a dignified life.
The case was filed by Maiki Jain, who stated that he had been living as a tenant in the property since 2016 under registered lease agreements. In November 2025, electricity supply to the premises was disconnected due to non-payment of dues for two months. Although the pending dues were cleared on the same day, the power distribution company refused to restore electricity without a No Objection Certificate (NOC) from the landlords, who declined to provide it.
At the same time, the landlords had filed a civil suit seeking possession of the property and recovery of rent. The tenant also approached the court, alleging that basic amenities like electricity and water were being deliberately disrupted.
BSES argued that the electricity connection was in the landlords’ name and that they had asked the company not to restore supply. It also claimed that the electricity meter was under the landlords’ control.
Rejecting these arguments, the High Court held that a pending civil dispute cannot be used as a reason to deny electricity. The Court observed that until a competent court passes an eviction order, the possession of the tenant cannot be treated as unlawful.
The Court directed BSES to restore electricity from the existing meter without insisting on any NOC from the landlords. It also instructed the landlords not to obstruct the restoration process and allowed the power company to seek police help if required. The tenant was directed to cooperate and ensure timely payment of future electricity bills.
