Allahabad High Court declares electricity a fundamental right under Article 21
The Allahabad High Court ruled that access to electricity falls within the right to life guaranteed by Article 21 and ordered the North Eastern Railway to supply power to a temple resident.
Fanindra Das appealed to the Allahabad High Court to regain an electricity connection for a temple located within a North Eastern Railway colony in Ballia, a service his late father had maintained since 1978. The railway authorities had denied the request, citing policy that private land could not receive connections. A two-judge bench, comprising Justice Vivek Saran and Justice Prakash Padia, held that the right to life under Article 21 extends beyond mere physical survival to include essential civic amenities such as electricity.
Relying on earlier Supreme Court rulings that shelter rights encompass utilities, the court concluded the railway was obliged to supply power unless a specific legal prohibition existed. It overturned the railway's 2011 and 2012 orders and directed the General Manager in Gorakhpur to provide the connection within 30 days, subject to no statutory impediment.
Why it matters
The ruling expands constitutional protections to include electricity, affecting how public utilities are provided to residents on government land.
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